Public Administration Act 2004

Victorian Legislation and Parliamentary Documents i Public Administration Act 2004 Act No. 108/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Objects 2 4. Definitions 3 5. What are public entities? 10 6. What are special bodies? 13 PART 2—PUBLIC SECTOR VALUES AND EMPLOYMENT PRINCIPLES 15 7. Public sector values 15 8. Public sector employment principles 17 PART 3—PUBLIC SERVICE EMPLOYMENT 18 Division 1—Structure 18 9. The public service 18 Division 2—Public Service Bodies 18 10. Departments 18 11. Administrative Offices 18 Division 3—Public Service Body Heads 19 12. Public service body Heads 19 13. General responsibility of Department Heads 19 14. Responsibility of Administrative Office Heads 19 15. Duty to act independently in employment matters 20 16. Persons with functions of public service body Head 20 17. Performance review of public service body Heads 22 18. Delegation 22 19. Acting assignment as public service body Head 23 -- 1 of 190 -- Victorian Legislation and Parliamentary Documents Section Page ii Division 4—Employees 23 20. Employment and retirement 23 21. Probation 25 22. Dealing with misconduct 25 Division 5—Executives 26 23. Who are executives for the purposes of this Division? 26 24. Who are employers for the purposes of this Division? 27 25. Executive employment governed by contract 27 26. Contracts and existing employees 28 27. Right of return 29 Division 6—Transfer of Employees 30 28. Transfer directed by public service body Head 30 29. Transfer of public service body Head to other duties 30 30. Machinery of government transfers 31 31. Transfer, etc. does not affect employment continuity 31 Division 7—Restriction on Employees Doing Other Work 32 32. Restriction on employees doing other work 32 Division 8—Termination 33 33. Termination of employment (non-executives) 33 34. Termination of employment (executives) 34 35. No compensation on termination of employment, etc. 35 Division 9—General 35 36. Operation of Part 35 PART 4—STATE SERVICES AUTHORITY 36 Division 1—Establishment, Constitution, Appointments and Meetings 36 37. Establishment and constitution of State Services Authority 36 38. Terms and conditions of appointment of members 37 39. Removal or resignation from office 38 40. Role of chairperson 40 41. Acting chairperson 40 42. Chief executive officer 41 43. Meetings 41 44. Validity of acts or decisions 42 -- 2 of 190 -- Victorian Legislation and Parliamentary Documents Section Page iii Division 2—Functions 42 Subdivision 1—General 42 45. Functions and powers of the Authority 42 46. How are the Authority's functions to be exercised? 43 47. Prohibition on disclosure of certain information 44 48. Delegation 45 Subdivision 2—Role 1 45 49. Statement of role 1 45 50. Systems reviews 45 51. Report of systems review 46 52. Special inquiries 47 53. Powers on special inquiries 47 54. Procedure and evidence at a special inquiry 48 55. Reports of special inquiries 48 56. Special reviews 49 57. Powers on special reviews 49 58. Procedure and evidence at a special review 50 59. Reports of special reviews 50 60. Bodies with judicial or quasi-judicial functions 51 Subdivision 3—Role 2 51 61. Statement of role 2 51 62. Role 2 to be performed by PSSC 51 63. Codes of conduct 52 64. Review of actions 52 65. Recommendations following review 55 66. Promotion of public sector values, principles etc. 55 Subdivision 4—Role 3 56 67. Statement of role 3 56 68. Related functions 57 Subdivision 5—Role 4 57 69. Statement of role 4 57 70. How role 4 is to be performed 58 Subdivision 6—Role 5 58 71. Statement of role 5 58 72. Register 58 Division 3—Annual Plans and Reports 59 73. Authority's annual plan 59 74. Authority and PSSC reports 60 -- 3 of 190 -- Victorian Legislation and Parliamentary Documents Section Page iv PART 5—OPERATION OF PUBLIC ENTITIES 62 Division 1—Preliminary 62 75. Application of Part 62 76. This Part to prevail 62 Division 2—Governance Principles 64 77. Application of Division 64 78. Other duties not affected 64 79. Duties of directors 64 80. Duties of chairperson 66 81. Duties of entity 66 82. Public entity not to make loans to directors 68 83. Sub-committees 69 84. Subsidiaries 69 85. Accountability 70 86. Injunctions 71 87. Public entity or Minister may bring proceedings 71 Division 3—Removal, Suspension or Standing Down of Directors 72 88. Application of Division 72 89. Power to remove or suspend directors 72 90. Standing down of director of quasi-judicial entity 75 Division 4—General 75 91. Application of Division 75 92. Power to make public entities subject to specified whole of government policies 75 93. Requirement to provide financial information 76 94. Requirement to provide non-financial information 77 95. Documents required to be kept by standard entities 77 96. Documents required to be kept by small entities 78 97. Documents required to be kept by advisory entities 80 PART 6—EMPLOYMENT OF MINISTERIAL OFFICERS, PARLIAMENTARY ADVISERS AND JUDICIAL EMPLOYEES 81 Division 1—Ministerial Officers 81 98. Employment of Ministerial officers 81 Division 2—Parliamentary Advisers 81 99. Employment of Parliamentary advisers 81 100. Delegation 82 -- 4 of 190 -- Victorian Legislation and Parliamentary Documents Section Page v Division 3—Judicial Employees 82 101. Judicial employees 82 102. Employment of judicial employees 82 103. Termination of employment as judicial employee 82 PART 7—DECLARED AUTHORITIES 84 104. What are declared authorities? 84 105. Application of Act to declared authorities 85 PART 8—MISCELLANEOUS 86 106. Act not to apply to certain persons 86 107. Protection from reprisal 87 108. Proceedings for damages for reprisal 87 109. Delegation by Premier and public service body Minister 88 110. Exercise of functions in person's absence 88 111. Evidence Act provisions to apply 89 112. Regulations 89 113. Repeal of 1998 Acts 91 114. Government Printer 92 115. Privileges of former members of Parliament and unsuccessful Parliamentary candidates 92 116. Saving and transitional provisions 92 117. Consequential amendments to this and other Acts 92 PART 9—AMENDMENT OF PARLIAMENTARY OFFICERS ACT 1975 93 118. Definition 93 119. New section 5A 93 5A. Administrative departments of the Parliament 93 120. Department heads 93 121. Offices in a department 94 122. Appointment of officers 95 123. Temporary employment 95 12. Temporary employment 95 124. Delegation 96 125. Repeal of section 12B 96 126. Conduct of department head 96 127. New section 25A 96 25A. Transitional provisions (2004 amendments) 96 __________________ -- 5 of 190 -- Victorian Legislation and Parliamentary Documents Section Page vi SCHEDULES 99 SCHEDULE 1—Privileges of Former Members of Parliament and Unsuccessful Parliamentary Candidates 99 SCHEDULE 2—Saving and Transitional Provisions 106 SCHEDULE 3—Consequential Amendments 112 ═══════════════ ENDNOTES 177 INDEX 178 -- 6 of 190 -- Victorian Legislation and Parliamentary Documents 1 Public Administration Act 2004† [Assented to 21 December 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are to— (a) provide a framework for good governance in the Victorian public sector and in public administration generally in Victoria; (b) establish a State Services Authority; Victoria No. 108 of 2004 -- 7 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 2 (c) repeal the Public Sector Management and Employment Act 1998 and the Public Sector Reform (Miscellaneous Amendments) Act 1998; (d) amend the Parliamentary Officers Act 1975 to implement a 3 Department administrative structure for the Parliament of Victoria; (e) amend the Constitution Act 1975 with respect to the office of Government Printer; (f) make consequential amendments to certain other Acts. 2. Commencement (1) Subject to sub-section (2), this Act (including the items in Schedule 3) comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 January 2006, it comes into operation on that day. 3. Objects The objects of this Act are— (a) to ensure the maintenance of an apolitical public sector; (b) to foster a public sector that— (i) responds to government priorities in a manner that is consistent with public sector values; (ii) provides effective, efficient and integrated service delivery; (iii) is accountable for its performance; s. 2 -- 8 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 3 (c) to establish values and principles to guide conduct and performance within the public sector; (d) to ensure that employment decisions in the public sector are based on merit; (e) to promote the highest standards of governance in the public sector; (f) to promote the highest standards of integrity and conduct for persons employed within the public sector; (g) to strengthen the professionalism and adaptability of the public sector; (h) to promote knowledge and understanding of good public administration within the Victorian community. 4. Definitions (1) In this Act— "action" includes a refusal or failure to take an action; "Administrative Office" means a body or group existing as an Administrative Office in relation to a Department by virtue of an Order made under section 11; "Administrative Office Head" means a person employed as an Administrative Office Head under section 12; "advisory entity" means a public entity that does not have any function to exercise other than the provision of advice or a report to any person or body; s. 4 -- 9 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 4 "appropriate public service body Head" means— (a) in relation to a public service body— the public service body Head; or (b) in relation to an employee—the Head of the public service body to which that employee belongs; "Authority" means State Services Authority; "board", in relation to a public entity, means— (a) in the case of a public entity that has a governing body (by whatever name called), that governing body; and (b) in any other case, the members of the public entity or, in the case of a Commissioner entity, the person who comprises the Commissioner entity; "chairperson", in relation to a public entity other than a Commissioner entity, means the person who presides at meetings of the public entity or, in the case of a public entity that has a governing body, at meetings of that governing body; "code of conduct" means a code of conduct issued under section 63; "Commissioner entity" means a public entity that consists of, or the governing body of which consists of, only one person; "declared authority" means an authority specified in an Order made under section 104(2)(a); "Department" means a Department existing by virtue of an Order made under section 10; "Department Head" means a person employed as a Department Head under section 12; s. 4 -- 10 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 5 "detrimental action" includes— (a) action causing injury, loss or damage; and (b) intimidation or harassment; "director", in relation to a public entity, means a member of the board of the public entity; "employee" means a person employed under Part 3 in any capacity and includes a public service body Head; "executive" means a person employed under Part 3 as a public service body Head or other executive; "exempt body" means— (a) a committee established under the Parliamentary Committees Act 2003; or (b) a Council within the meaning of the Local Government Act 1989; or (c) a court; or (d) the Office of Public Prosecutions or the Committee for Public Prosecutions; or (e) a university within the meaning of the Tertiary Education Act 1993; or (f) a body to which, or to the governing body of which, the government of another jurisdiction, or a person appointed or body established under the law of another jurisdiction, has the right to appoint a member, irrespective of how that right arises; s. 4 -- 11 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 6 "exempt body official" means— (a) a person employed by an exempt body; or (b) the holder of an office in, or on the governing body of, an exempt body; "non-executive employee" means a person employed under Part 3 other than as an executive; "Official Secretary" means the Head of the Administrative Office referred to in section 12(3); "prerogative office" means an office under the Crown (other than a statutory office) to which the right to appoint is vested in the Governor in Council; "prescribed office" means an office specified in section 16(1); "prescribed officer" means an office-holder specified in section 16(1); "public entity" has the meaning given in section 5; "public entity Head" means chief executive officer (by whatever name called) of a public entity; "public official" means— (a) a public sector employee; (b) a person employed under Division 3 of Part 6; (c) an officer of the Parliament within the meaning of the Parliamentary Officers Act 1975; s. 4 -- 12 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 7 (d) the holder of a statutory office or a prerogative office; (e) a director of a public entity— but does not include— (f) the Governor or the Lieutenant- Governor; (g) a judge, a magistrate, a coroner appointed under the Coroners Act 1985 or a member of VCAT; (h) a responsible Minister of the Crown or a Parliamentary Secretary; (i) the President of the Legislative Council or the Speaker of the Legislative Assembly; (j) a Ministerial officer employed under Division 1 of Part 6; "public sector" means the sector that comprises— (a) the public service; and (b) public entities; and (c) special bodies; "public sector body" means— (a) a public service body; or (b) a public entity; or (c) a special body; "public sector body Head" means— (a) in relation to a public service body, the public service body Head; (b) in relation to a public entity, the public entity Head; s. 4 -- 13 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 8 (c) in relation to a special body, the special body Head; "public sector employee" means— (a) an employee; or (b) a person employed by a public entity or special body; "public sector employment principles" means the principles set out in section 8; "public sector values" means the values set out in section 7; "public service" means the public service of Victoria under Part 3; "public service body" means— (a) a Department; or (b) an Administrative Office; or (c) the State Services Authority; "public service body Head" means— (a) in relation to a Department—the Head of that Department; or (b) in relation to an Administrative Office—the Head of that Administrative Office; or (c) in relation to the State Services Authority—the chief executive officer of that Authority; "public service body Minister" means— (a) in relation to a public service body— the Minister responsible for the public service body; or s. 4 -- 14 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 9 (b) in relation to an employee—the Minister responsible for the public service body to which the employee belongs; "small entity" means a public entity that— (a) satisfies any criteria relating to assets, income or turnover prescribed for the purposes of this paragraph; or (b) has no control over the expenditure of public funds— but does not include a public entity, or a class of public entity, that is declared under section 75(c) not to be a small entity for the purposes of Part 5; "special body" has the meaning given in section 6; "special body Head" means chief executive officer (by whatever name called) of a special body; "standard" means standard issued under section 64(5) or 66(2); "standard entity" means a public entity other than— (a) an advisory entity; or (b) a Commissioner entity; or (c) except in section 95, a public entity that exercises functions that are of a quasi- judicial nature; or (d) a small entity; "statutory office" means an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister; s. 4 s. 4 -- 15 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 10 "Victoria Police" has the same meaning as "the force" has in the Police Regulation Act 1958. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty; and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) A reference in this Act to the Minister responsible for a public service body or a public entity is a reference to the Minister responsible for the relevant part of that body or entity if, for the time being, different Ministers are responsible for different parts of that body or entity. 5. What are public entities? (1) For the purposes of this Act a public entity is a body, whether corporate or unincorporated— (a) that is established— (i) by or under an Act (other than a private Act) or the Corporations Act; or (ii) by the Governor in Council; or (iii) by a Minister; and (b) in the case of a body corporate, the right to appoint a majority of the directors of which is vested in the Governor in Council or a Minister; and (c) that has a public function to exercise on behalf of the State or is wholly owned by the State; and s. 5 -- 16 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 11 (d) in the case of a body that does not have any function to exercise other than the provision of advice or a report to any person or body— (i) has written terms of reference guiding its operation; and (ii) is required to provide the advice or report to a Minister or the Government; and (iii) is declared to be a public entity for the purposes of this Act— (A) by the Act or subordinate instrument or other document under which it is established; or (B) by an Order under sub- section (3)— but does not include— (e) an exempt body; or (f) a special body in its capacity as a special body; or (g) a community health centre within the meaning of the Health Services Act 1988 or a body that provides aged care services that is, or is capable of being, registered under that Act; or (h) a body, or a class of body, that is declared by an Order under sub-section (2) not to be a public entity for the purposes of this Act. (2) The Governor in Council may, by Order published in the Government Gazette, declare a body, or a class of body, not to be a public entity for the purposes of this Act. s. 5 -- 17 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 12 (3) The Governor in Council may, by Order published in the Government Gazette, declare a body, or a class of body, that does not have any function to exercise other than the provision of advice or a report to any person or body and that satisfies the requirements of sub-section (1)(d)(i) and (ii) to be a public entity for the purposes of this Act. (4) If an exempt body is a public entity for the purposes of this Act in a capacity other than its capacity as an exempt body, nothing in this Act that applies to the body as a public entity applies to the body in its capacity as an exempt body. Example A municipal council is appointed as a committee of management under section 14(2) of the Crown Land (Reserves) Act 1978. As a committee of management the municipal council is a public entity as it is established under an Act with a public function to exercise on behalf of the State. It is not, however, a public entity in its ordinary role as a municipal council because, in that role, it is an exempt body and exempt bodies are not public entities. (5) If— (a) a provision of an Act other than this Act has the effect that a body (an advisory body) or a member of an advisory body or of the governing body (by whatever name called) of an advisory body is not subject to this Act— (i) other than Part 5; or (ii) other than Part 5 or except in accordance with Part 7; and s. 5 -- 18 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 13 (b) the advisory body does not have any function to exercise other than the provision of advice or a report to any person or body— despite the provision of that other Act, the advisory body is not a public entity for the purposes of this Act unless the requirements of sub-paragraphs (i), (ii) and (iii) of sub-section (1)(d) are satisfied in respect of it. (6) If a provision of an Act other than this Act has the effect that a body (a relevant body) or a member of a relevant body or of the governing body (by whatever name called) of a relevant body is not subject to this Act— (a) other than Part 5; or (b) other than Part 5 or except in accordance with Part 7— despite the provision of that other Act, the relevant body may be declared by an Order under sub-section (2) not to be a public entity for the purposes of this Act. 6. What are special bodies? (1) Subject to sub-section (4), for the purposes of this Act the following are special bodies— (a) a department of the Parliament of Victoria; (b) the Electoral Boundaries Commission; (c) the office of the Health Services Commissioner; (d) the office of the Ombudsman; (e) the Office of Police Integrity; (f) the office of the Privacy Commissioner; (g) the State Coroner's Office; (h) VCAT; s. 6 -- 19 of 190 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Public Administration Act 2004 Act No. 108/2004 14 (i) the Victorian Auditor-General's Office; (j) the Victorian Electoral Commission; (k) Victoria Police; (l) a body that is declared by an Order under sub-section (2) to be a special body for the purposes of this Act. (2) The Governor in Council may, by Order published in the Government Gazette, declare a body to be a special body for the purposes of this Act. (3) An Order cannot be made under sub-section (2) in relation to an exempt body. (4) The Governor in Council may, by Order published in the Government Gazette, declare a body specified in any paragraph of sub-section (1) not to be a special body for the purposes of this Act and, while that Order is in force, this Act has effect as if that paragraph were not included in sub-section (1). __________________ s. 6 -- 20 of 190 -- Victorian Legislation and Parliamentary Documents Part 2—Public Sector Values and Employment Principles Public Administration Act 2004 Act No. 108/2004 15 PART 2—PUBLIC SECTOR VALUES AND EMPLOYMENT PRINCIPLES 7. Public sector values (1) The following are the public sector values— (a) responsiveness—public officials should demonstrate responsiveness by— (i) providing frank, impartial and timely advice to the Government; and (ii) providing high quality services to the Victorian community; and (iii) identifying and promoting best practice; (b) integrity—public officials should demonstrate integrity by— (i) being honest, open and transparent in their dealings; and (ii) using powers responsibly; and (iii) reporting improper conduct; and (iv) avoiding any real or apparent conflicts of interest; and (v) striving to earn and sustain public trust of a high level; (c) impartiality—public officials should demonstrate impartiality by— (i) making decisions and providing advice on merit and without bias, caprice, favouritism or self-interest; and (ii) acting fairly by objectively considering all relevant facts and fair criteria; and (iii) implementing Government policies and programs equitably; s. 7 -- 21 of 190 -- Victorian Legislation and Parliamentary Documents Part 2—Public Sector Values and Employment Principles Public Administration Act 2004 Act No. 108/2004 16 (d) accountability—public officials should demonstrate accountability by— (i) working to clear objectives in a transparent manner; and (ii) accepting responsibility for their decisions and actions; and (iii) seeking to achieve best use of resources; and (iv) submitting themselves to appropriate scrutiny; (e) respect—public officials should demonstrate respect for colleagues, other public officials and members of the Victorian community by— (i) treating them fairly and objectively; and (ii) ensuring freedom from discrimination, harassment and bullying; and (iii) using their views to improve outcomes on an ongoing basis; (f) leadership—public officials should demonstrate leadership by actively implementing, promoting and supporting these values. (2) Subject to sub-section (3), a public sector body Head must promote the public sector values to public officials employed by or in the body and ensure that any statement of values adopted or applied by the body is consistent with the public sector values. s. 7 -- 22 of 190 -- Victorian Legislation and Parliamentary Documents Part 2—Public Sector Values and Employment Principles Public Administration Act 2004 Act No. 108/2004 17 (3) Sub-section (2), in its application to a special body or with respect to a person employed under Division 3 of Part 6 by a public service body Head, does not extend to the public sector values referred to in sub-sections (1)(a)(i) and (1)(c)(iii). (4) Nothing in sub-section (1)— (a) creates in any person any legal right or gives rise to any civil cause of action; or (b) subject to sub-section (5), affects the rights or liabilities of— (i) a public official; or (ii) a public sector body. (5) Sub-section (4) does not affect the status or enforcement in accordance with this Act of a code of conduct or any other instrument created under this Act that is based on the public sector values. 8. Public sector employment principles Public sector body Heads must establish employment processes that will ensure that— (a) employment decisions are based on merit; and (b) public sector employees are treated fairly and reasonably; and (c) equal employment opportunity is provided; and (d) public sector employees have a reasonable avenue of redress against unfair or unreasonable treatment; and (e) in the case of public service bodies, the development of a career public service is fostered. __________________ s. 8 -- 23 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 18 PART 3—PUBLIC SERVICE EMPLOYMENT Division 1—Structure 9. The public service The public service of Victoria consists of the persons employed under this Part. Division 2—Public Service Bodies 10. Departments The Governor in Council may, by Order published in the Government Gazette— (a) establish a Department; or (b) abolish a Department; or (c) change the name of a Department. 11. Administrative Offices The Governor in Council may, by Order published in the Government Gazette— (a) establish a body or group as an Administrative Office in relation to a Department; or (b) abolish an Administrative Office; or (c) change the name of an Administrative Office. Note: A "public service body" is defined in section 4(1) as being a Department, an Administrative Office or the State Services Authority. This Division provides for the establishment of Departments and Administrative Offices. The State Services Authority is established by Part 4. s. 9 -- 24 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 19 Division 3—Public Service Body Heads 12. Public service body Heads (1) Each Department shall have a Department Head and each Administrative Office shall have an Administrative Office Head. (2) Subject to sub-section (3), the Premier, on behalf of the Crown, may employ a person as a Department Head or Administrative Office Head. (3) Only a person approved by the Governor in Council may be employed as the Head of an Administrative Office established to service the office of Governor. 13. General responsibility of Department Heads A Department Head is responsible to the public service body Minister or Ministers for the general conduct and the effective, efficient and economical management of the functions and activities of— (a) the Department; and (b) any Administrative Office existing in relation to the Department— and must advise the public service body Minister or Ministers in all matters relating to the Department and any such Administrative Office. 14. Responsibility of Administrative Office Heads (1) An Administrative Office Head is responsible to the Head of the Department in relation to which the Administrative Office exists for the general conduct and the effective, efficient and economical management of the functions and activities of the Administrative Office and must advise that Department Head in all matters relating to the Administrative Office. s. 12 -- 25 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 20 (2) Sub-section (1) does not apply to functions conferred on an Administrative Office Head by or under an Act other than this Act. (3) An Administrative Office Head has, in relation to an Administrative Office, the same functions as a Department Head has in relation to a Department. 15. Duty to act independently in employment matters (1) A public service body Head is not subject to direction in relation to the exercise of his or her employer powers referred to in section 20 in respect of any individual but must act independently. (2) This section has effect despite sections 13 and 14 but is subject to any other express provision to the contrary in this Act. 16. Persons with functions of public service body Head (1) Despite anything to the contrary in this Act, the following office holders have all the functions of a public service body Head in relation to employees in the following offices— (a) the Auditor-General in relation to the Victorian Auditor-General's Office; (b) the Chairperson within the meaning of the Essential Services Commission Act 2001 in relation to the office of the Essential Services Commission; (c) the Chief Commissioner of Police in relation to the office of the Chief Commissioner of Police; (d) the Commissioner for Environmental Sustainability in relation to the office of the Commissioner under the Commissioner for Environmental Sustainability Act 2003; s. 15 -- 26 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 21 (e) the Director, Police Integrity in relation to the Office of Police Integrity; (f) the Electoral Commissioner in relation to the office of the Victorian Electoral Commission; (g) the Legal Ombudsman in relation to the office of the Legal Ombudsman; (h) the Ombudsman in relation to the office of the Ombudsman; (i) the Privacy Commissioner in relation to the office of the Privacy Commissioner; (j) the Solicitor for Public Prosecutions in relation to the Office of Public Prosecutions; (k) the Special Investigations Monitor in relation to the office of the Special Investigations Monitor; (l) the office holder specified, in relation to the office specified, in an Order made under sub- section (3) for the purposes of this paragraph. (2) This Act (except section 17) applies to an office specified in sub-section (1) or in an Order under sub-section (3) as if any reference in this Act to— (a) a public service body or the public service were a reference to that office; and (b) an employee were a reference to an employee in that office; and (c) an executive were a reference to a person employed in that office as an executive; and (d) a public service body Head were a reference to the office holder specified in relation to that office in that sub-section or Order. s. 16 -- 27 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 22 (3) The Governor in Council may, by Order published in the Government Gazette, specify for the purposes of paragraph (l) of sub-section (1) an office holder and an office in relation to that office holder. 17. Performance review of public service body Heads (1) The State Services Authority must, at the direction of the Premier, review the performance of a public service body Head, either generally or in respect of a particular matter. (2) In exercising its functions under sub-section (1), the State Services Authority must report to the Premier on the manner and extent to which the public service body Head is fulfilling all of the requirements imposed on him or her, whether under this Act or otherwise. 18. Delegation (1) A public service body Head may, by instrument, delegate to any person or persons or body any of his or her functions under this Act, including any function delegated to him or her under this Act. (2) A delegate of a function under sub-section (1) may, subject to any conditions to which the delegation is subject, sub-delegate that function to any other person or persons or body if the instrument of delegation authorises its sub- delegation. (3) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation. s. 17 -- 28 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 23 19. Acting assignment as public service body Head (1) The Premier may assign any person to act as a public service body Head if no-one is currently employed as that public service body Head or the person so employed is suspended from duty or is sick or absent. (2) A person, while acting as a public service body Head, has all the functions of the public service body Head but is not, only because of that assignment, to be taken to be an executive for the purposes of this Act. (3) The Premier may, at any time, terminate the assignment of a person as a public service body Head. (4) This section only applies to the State Services Authority if the chief executive officer of the Authority is also the Authority's chairperson. Division 4—Employees 20. Employment and retirement (1) A public service body Head, on behalf of the Crown, has all the rights, powers, authorities and duties of an employer in respect of the public service body and employees in it. (2) Without limiting sub-section (1), the appropriate public service body Head— (a) may employ as many persons as are required for the exercise of the functions of the public service body; (b) may assign work to employees; (c) may issue lawful instructions that must be observed by employees; s. 19 -- 29 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 24 (d) may determine (with the approval of the Premier in the case of an executive) the remuneration (including an increase or reduction in remuneration) and other terms and conditions of employment of any individual employee; (e) may pay allowances, bonuses or gratuities to employees; (f) may transfer employees to duties in other public service bodies or in public entities; (g) may suspend employees from duty with pay; (h) may terminate the employment of employees; (i) may second employees to other bodies or take persons on secondment from other bodies; (j) may authorise periods of leave of absence for employees or make payments to employees in lieu of leave. (3) A public service body Head, in exercising a right, power, authority or duty referred to in this section, must do so in conformity with— (a) the public sector values; and (b) any binding code of conduct; and (c) the public sector employment principles; and (d) standards issued by the Public Sector Standards Commissioner; and (e) any other relevant provisions of this Act or the regulations. (4) An employee may retire from the public service on reaching the age of 55 years. s. 20 -- 30 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 25 21. Probation (1) Without limiting section 20, a person employed in the public service may be employed on probation for a period of 3 months. (2) If a person is employed on probation, the appropriate public service body Head must— (a) on completion of the period of probation, extend that period or confirm the employment; or (b) during or on completion of the period of probation, terminate the employment. (3) If the appropriate public service body Head extends a period of probation, he or she must notify the employee in writing of the reasons for the extension. 22. Dealing with misconduct (1) The regulations may establish procedures for dealing with any allegation of misconduct on the part of an employee and empower the imposition of penalties for misconduct which may include reduction in salary or classification or both, suspension or dismissal. (2) For the purposes of this section "misconduct" includes— (a) a contravention of a provision of this Act, the regulations or a binding code of conduct; (b) improper conduct in an official capacity; (c) a contravention, without reasonable excuse, of a lawful direction given to the employee as an employee by a person authorised (whether under this Act or otherwise) to give the direction; (d) an employee making improper use of his or her position for personal gain; s. 21 -- 31 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 26 (e) an employee making improper use of information acquired by him or her virtue of his or her position to gain personally or for anyone else financial or other benefits or to cause detriment to the public service or the public sector. Division 5—Executives 23. Who are executives for the purposes of this Division? (1) A person is an executive for the purposes of this Division if he or she— (a) is employed as an executive under this Part; or (b) holds a statutory office which is a declared authority; or (c) holds a prerogative office which is a declared authority; or (d) is employed by a declared authority and the Governor in Council, by Order published in the Government Gazette, has declared that employment to be employment as an executive. (2) An Order under sub-section (1)(d) must specify the person or body that is to be the employer of the executive for the purposes of this Division. (3) The Governor in Council may, by Order published in the Government Gazette, revoke or amend any declaration under sub-section (1)(d). (4) If a person ceases to be an executive because of an Order made under sub-section (3), the person's employment by the declared authority is not thereby terminated. s. 23 -- 32 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 27 (5) An Order made under sub-section (1)(d) or (3) may contain provisions of a savings or transitional nature consequent on a person becoming or ceasing to be an executive. 24. Who are employers for the purposes of this Division? The employer of an executive for the purposes of this Division is— (a) in the case of a public service body Head— the Premier; (b) in the case of any other executive employed under this Part—the appropriate public service body Head; (c) in the case of an executive referred to in section 23(1)(b) or (c)—the person or body specified in an Order made under section 105(2)(b) as having the functions of a public service body Head in relation to the relevant declared authority; (d) in the case of any other executive—the person or body declared by the Governor in Council in an Order made under section 23(1)(d) to be the employer of the executive. 25. Executive employment governed by contract (1) Subject to this Act, the employment of an executive shall be governed by a contract of employment between the executive and his or her employer. (2) A contract must be in writing and be signed by or on behalf of the employer and the executive. (3) A contract must specify the date on which it expires which must not be more than 5 years after the date on which it came into force. s. 24 -- 33 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 28 (4) Performance criteria contained in a contract of employment relating to an Assistant Commissioner of Police must relate to management matters only. (5) A contract of employment may be varied at any time by a further contract between the parties but its term may not be increased beyond 5 years. (6) If, at the time of entering into a contract of employment, an executive was not employed in the employment or appointed to the office to which the contract relates, then the contract constitutes his or her instrument of employment or appointment for the purposes of this and any other Act. (7) If, at the time of entering into a contract of employment, an executive was employed in the employment or appointed to the office to which the contract relates, then the contract constitutes a new instrument of employment or appointment, and replaces any earlier instrument of employment or appointment, for the purposes of this and any other Act. 26. Contracts and existing employees (1) A person who becomes eligible to be an executive because of the employment in which he or she is then employed or the office which he or she then holds may elect to enter into a contract of employment relating to that employment or office at any time up until the end of 3 months after the date on which he or she became so eligible. (2) A person who makes an election in accordance with sub-section (1) is entitled to be offered a contract of employment. s. 26 -- 34 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 29 (3) The employment or appointment of a person referred to in sub-section (1) who chooses not to elect to enter into a contract of employment is not thereby terminated and he or she continues in that employment or office on the same terms and conditions as before and with the benefit of all accrued or accruing rights but ceases to be entitled to any performance-related incentive payments. (4) This section does not apply to a person to whom it otherwise would apply because of the making of an Order under section 23(1)(d) if that Order specifies that it is not to apply. 27. Right of return (1) An executive who— (a) immediately before his or her first employment as an executive (whether before or after the commencement of this section) was a non-executive employee; and (b) since that first employment has been continuously employed as an executive— is entitled, on ceasing to be employed as an executive for any reason on the initiative of the employer (other than where his or her employment was terminated for misconduct within the meaning of section 22) or because of the expiry of his or her contract of employment, to be employed as a non-executive employee in the public service body in which he or she was last employed as an executive. (2) The employment to which a former executive is entitled under this section is employment in the highest classification of non-executive role— (a) at the mid-point of that classification; or s. 27 -- 35 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 30 (b) if employment at that mid-point would result in the former executive being employed at a higher remuneration level than that at which he or she was last employed as an executive, at the highest point of that classification that would not have that result. Note: Section 16(2) sets out how this section applies to an office covered by section 16(1). The body to which an executive employed in such an office may have a right of return under this section is that office. Division 6—Transfer of Employees 28. Transfer directed by public service body Head (1) If the appropriate public service body Head considers it to be in the interests of the public sector to do so, he or she may, with the approval of the Head of the other public service body or of the public entity concerned, transfer an employee to duties in another public service body or in a public entity on terms and conditions of employment that are no less favourable overall. (2) This section does not apply to the holder of a prerogative office unless the Governor in Council, by Order published in the Government Gazette, declares that it applies. 29. Transfer of public service body Head to other duties (1) If the Premier considers it to be in the interests of the public sector to do so, he or she may, after consulting the State Services Authority, transfer a public service body Head to other duties in that public service body or another public service body or in a public entity on terms and conditions of employment that are no less favourable overall. s. 28 -- 36 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 31 (2) This section does not apply to the Official Secretary unless the Governor in Council, by Order published in the Government Gazette, declares that it applies. 30. Machinery of government transfers (1) On the transfer of a function from one public service body to another or to a public entity, whether or not the first public service body ceases to exist, the Premier may, in writing, declare that any employee necessary to carry out, or support the carrying out of, that function is transferred to duties in the second public service body or in the public entity concerned on terms and conditions of employment that are no less favourable overall. (2) On the making of a declaration under sub-section (1), the transfer is deemed to take place. (3) A declaration under sub-section (1) may be made in respect of an individual employee or a group of employees. (4) This section does not apply to the holder of a prerogative office unless the Governor in Council, by Order published in the Government Gazette, declares that it applies. 31. Transfer, etc. does not affect employment continuity A transfer or other movement of an employee to other duties in a public service body or to duties in another public service body, whether in accordance with this Division or otherwise and including a transfer or movement at the initiative of the employee, does not constitute a resignation or termination of employment and the post- transfer or other movement service is to be regarded as continuous with the pre-transfer or other movement service. s. 30 -- 37 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 32 Division 7—Restriction on Employees Doing Other Work 32. Restriction on employees doing other work (1) Except with the express permission of the Premier in the case of a public service body Head or of the appropriate public service body Head in the case of any other employee, a full-time employee must not— (a) engage in any other paid employment; or (b) carry on any business, profession or trade. (2) A part-time employee must not engage in any other paid employment or carry on any business, profession or trade that, in the opinion of the Premier in the case of a public service body Head or of the appropriate public service body Head in the case of any other employee, conflicts with the proper performance of the employee's duties. (3) Permission given to an employee under this section may be withdrawn by notice in writing given to the employee by the Premier or the appropriate public service body Head (as the case requires). (4) Nothing in this section prevents an employee from— (a) holding shares, or an interest in shares, in a company (within the meaning of the Corporations Act); or (b) becoming a member of an incorporated association within the meaning of the Associations Incorporation Act 1981. s. 32 -- 38 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 33 Division 8—Termination 33. Termination of employment (non-executives) (1) The appropriate public service body Head may terminate the employment of a non-executive employee— (a) on the ground of redundancy; or (b) if the employee refuses a transfer to other duties under Division 6; or (c) if the employee is found guilty of a criminal offence punishable by imprisonment, including an offence committed before, but not dealt with until after, the employee became an employee; or (d) if the employee is guilty of serious misconduct; or (e) if the public service body Head is satisfied that the employee is inefficient or incompetent in the discharge of his or her duties; or (f) if the public service body Head is satisfied that the employee has abandoned his or her employment; or (g) if the public service body Head is satisfied that the employee has, in connection with his or her application for employment, given false or misleading information; or (h) for any other reason consistent with the terms and conditions of his or her employment. (2) A power of a public service body Head referred to in sub-section (1) must be exercised as set out in section 20(3). s. 33 -- 39 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 34 34. Termination of employment (executives) (1) The appropriate public service body Head or, if the executive is a public service body Head, the Premier, may terminate the employment of an executive for any reason consistent with the terms and conditions of his or her contract of employment. (2) Without affecting any other means of terminating the contract of a public service body Head, the Governor in Council may at any time remove a public service body Head from office and, on that removal, his or her contract of employment is terminated. (3) A power of a public service body Head referred to in sub-section (1) must be exercised as set out in section 20(3). (4) Despite anything to the contrary in this or any other Act— (a) if the holder of a statutory or prerogative office which is a declared authority is removed or retires from that office, his or her contract of employment is thereby terminated; and (b) if the contract of employment of the holder of a statutory office which is a declared authority is terminated under this Act, he or she is deemed, for the purpose of this or any other Act, to have been removed from that office. (5) Sub-section (1) does not apply to the Official Secretary. s. 34 -- 40 of 190 -- Victorian Legislation and Parliamentary Documents Part 3—Public Service Employment Public Administration Act 2004 Act No. 108/2004 35 35. No compensation on termination of employment, etc. (1) An employee is not entitled to any compensation as a result of— (a) the termination of his or her employment; or (b) his or her remuneration being reduced. (2) Sub-section (1) is subject to any relevant— (a) award or agreement under, or continued in force by, a law of the Commonwealth; (b) contract of employment; (c) directions that may be issued by the Premier. Division 9—General 36. Operation of Part (1) This Part, to the extent that it relates to persons who are executives for the purposes of Division 5, prevails over any inconsistent provision of any other Act or law (irrespective of when enacted or made) and over any inconsistent terms and conditions applying to the executive's employment, whether under a contract of employment or otherwise. (2) A provision of this Part applies to an executive referred to in sub-section (1) appointed under an Act (irrespective of when enacted) even though that Act excludes the application of this Act, unless it expressly excludes the application of that provision. __________________ s. 35 -- 41 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 36 PART 4—STATE SERVICES AUTHORITY Division 1—Establishment, Constitution, Appointments and Meetings 37. Establishment and constitution of State Services Authority (1) The State Services Authority is established. (2) The Authority consists of— (a) a member appointed as the chairperson; (b) a member appointed as the Public Sector Standards Commissioner; (c) as many other members as the Premier considers necessary to enable the Authority to exercise its functions. (3) Members are to be appointed by the Governor in Council on the recommendation of the Premier. (4) A person is qualified for appointment as a member if the Premier is satisfied that he or she has— (a) appropriate knowledge of, or experience in, one or more of the fields of government, law, administration, human resources, public policy or senior management; and (b) the ability to advise on, and oversee the carrying out of, major projects or investigations relevant to the functions of the Authority. (5) A member cannot be appointed both as the chairperson and as the Public Sector Standards Commissioner. s. 37 -- 42 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 37 38. Terms and conditions of appointment of members (1) A member of the Authority— (a) holds office for the term, not exceeding 5 years and, in the case of the Public Sector Standards Commissioner, not less than 3 years, that is specified in his or her instrument of appointment; and (b) may be appointed either on a full-time basis or on a part-time basis; and (c) is appointed on the terms and conditions specified in his or her instrument of appointment, including terms and conditions as to remuneration; and (d) is eligible for re-appointment. (2) Except with the express permission of the Premier, a member of the Authority employed on a full-time basis must not— (a) engage in any other paid employment; or (b) carry on any business, profession or trade. (3) A member of the Authority employed on a part- time basis must not engage in paid employment or carry on a business, profession or trade that, in the Premier's opinion, conflicts with the proper performance of the member's duties. (4) This Act (other than this Part and Part 2) does not apply to a member of the Authority in respect of the office of member. s. 38 -- 43 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 38 39. Removal or resignation from office (1) The office of a member of the Authority becomes vacant if he or she— (a) nominates for election to either House of the Parliament of Victoria or of the Commonwealth or of any other State or a Territory; or (b) resigns from office under sub-section (2); or (c) in the case of a member other than the Public Sector Standards Commissioner, is removed from office under sub-section (3); or (d) in the case of the Public Sector Standards Commissioner, is removed from office under sub-section (9). (2) A member may resign from office by notice in writing signed by the member and delivered to the Premier. (3) The Governor in Council, on the recommendation of the Premier, may remove a member of the Authority (other than the Public Sector Standards Commissioner) from office— (a) if he or she becomes an insolvent under administration (within the meaning of the Corporations Act); or (b) if he or she is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (c) if he or she becomes, in the opinion of the Premier, incapable of carrying out the duties of the office; or (d) on any other ground which, in the opinion of the Premier, makes him or her unfit to hold the office. s. 39 -- 44 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 39 (4) The Premier must recommend to the Governor in Council the removal of a member under sub- section (3) in the circumstances described in paragraph (a), (b) or (c) of that sub-section. (5) The Governor in Council, on the recommendation of the Premier, may suspend the Public Sector Standards Commissioner from office— (a) if he or she becomes an insolvent under administration (within the meaning of the Corporations Act); or (b) if he or she is found guilty of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (c) if he or she becomes, in the opinion of the Premier, incapable of carrying out the duties of the office; or (d) on any other ground which, in the opinion of the Premier, makes him or her unfit to hold the office. (6) The Premier must recommend to the Governor in Council the suspension of the Public Sector Standards Commissioner under sub-section (5) in the circumstances described in paragraph (a), (b) or (c) of that sub-section. (7) The Premier must cause to be laid before both Houses of Parliament a full statement of the grounds for the suspension. (8) The statement must be laid within 7 days after the suspension if Parliament is then sitting or, if Parliament is not then sitting, then within 7 days after its next meeting. s. 39 -- 45 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 40 (9) The Governor in Council must remove the Public Sector Standards Commissioner from office if each House of Parliament declares by resolution, within 7 sitting days after the laying before it of the statement, that he or she ought to be so removed. (10) The Governor in Council must remove the suspension and restore the Public Sector Standards Commissioner to office unless each House makes a declaration of the kind, and within the time, specified in sub-section (9). (11) A member of the Authority can only be removed from office in accordance with this section. 40. Role of chairperson (1) The role of the chairperson is to manage the Authority and ensure the efficient exercise of its functions. (2) The chairperson also has the role of approving reports to be submitted by the Authority (not including reports to be submitted by the Public Sector Standards Commissioner) under this Act. 41. Acting chairperson (1) The Premier may appoint another member of the Authority (other than the Public Sector Standards Commissioner) or the chief executive officer of the Authority to act as chairperson for a period not exceeding 3 months— (a) during a vacancy in the office of chairperson; or (b) while the chairperson is absent from Victoria or is, for any other reason, unable to perform the duties of the office of chairperson. (2) An acting chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson. s. 40 -- 46 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 41 42. Chief executive officer (1) An office of chief executive officer of the Authority is established. (2) The Governor in Council may appoint the chairperson as chief executive officer. (3) If the chairperson is not the chief executive officer, the chairperson, on behalf of the Crown, must employ a person (other than the Public Sector Standards Commissioner) as chief executive officer under Part 3. 43. Meetings (1) The chairperson or, in his or her absence, the acting chairperson must preside at a meeting of the Authority. (2) The quorum for a meeting of the Authority is a majority of the members in office for the time being. (3) A question arising at a meeting of the Authority is determined by a majority of the votes of the members present and voting on the question. (4) The person presiding has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote. (5) The Authority can only decide to submit a report under this Act if the report is approved by the chairperson. (6) Subject to this Act, the Authority may regulate its own procedure. s. 42 -- 47 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 42 44. Validity of acts or decisions (1) An act or decision of the Authority is not invalid merely because of— (a) a defect or irregularity in, or in connection with, the appointment of a member; or (b) a vacancy in the membership of the Authority. (2) An act or decision of the Public Sector Standards Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner. (3) Anything done by or in relation to a person purporting to act as chairperson is not invalid merely because— (a) there was a defect or irregularity in, or in connection with, the acting appointment; or (b) the occasion for the person to act had not arisen or had ceased. Division 2—Functions Subdivision 1—General 45. Functions and powers of the Authority (1) The Authority has the following functions— (a) to identify opportunities to improve the delivery and integration of government services and report on service delivery outcomes and standards (role 1— see Subdivision 2); (b) to promote high standards of integrity and conduct in the public sector (role 2— see Subdivision 3); s. 44 -- 48 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 43 (c) to strengthen the professionalism and adaptability of the public sector (role 3— see Subdivision 4); (d) to promote high standards of governance, accountability and performance for public entities (role 4—see Subdivision 5); (e) to establish and maintain a register of instruments issued under this Act (role 5— see Subdivision 6); (f) any other function given to it by the Premier relating to— (i) ensuring the overall effectiveness and efficiency of the public sector; or (ii) reviewing management effectiveness and efficiency in the public sector; or (iii) improving public sector leadership and management. (2) Without limiting any other provision made by or under this Act, the Authority has power to do all things necessary or convenient to be done for, or in connection with, exercising its functions. 46. How are the Authority's functions to be exercised? (1) The functions of the Authority (other than any function that this Act requires the Public Sector Standards Commissioner to exercise independently) are to be exercised by the members in a collegiate manner with formal decisions made at a meeting of the Authority. (2) Nothing in sub-section (1) prevents the chairperson allocating a matter (other than a matter relating to a function that this Act requires the Public Sector Standards Commissioner to exercise independently) to a particular member or group of members for consideration and report s. 46 -- 49 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 44 back to the Authority for its consideration and decision. (3) A report may only be submitted by the Authority under this Act (other than a report by the Public Sector Standards Commissioner in performing role 2 of the Authority) if the report is approved by the chairperson and the Authority decides to submit it. 47. Prohibition on disclosure of certain information (1) A person must not disclose, except in the course of duty to another person exercising functions under this Act, any information which has come to his or her knowledge by reason directly or indirectly of conducting a systems review, special inquiry or special review under Subdivision 2 or a review of actions under Subdivision 3 if the person from whom that information was obtained could not, but for the conduct of the review or inquiry, lawfully have disclosed that information to that person. (2) Despite sub-section (1) or any other law to the contrary, the Authority or the Public Sector Standards Commissioner may include in a report under section 74 any information covered by sub- section (1) if the Authority or the Public Sector Standards Commissioner (as the case requires) considers that— (a) the information is relevant to the subject- matter of the report; and (b) the inclusion of the information in the report is in the public interest. s. 47 -- 50 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 45 48. Delegation (1) Subject to sub-section (2), the members of the Authority, or any particular member or group of members, may, by instrument, delegate to a member or a person or class of person employed under Part 3 any function of the Authority, or of the particular member or group of members, under this Act, other than this power of delegation. (2) Only the Public Sector Standards Commissioner may delegate role 2 of the Authority or any function connected with the performance of role 2. Subdivision 2—Role 1 49. Statement of role 1 Role 1 of the Authority is to identify opportunities to improve the delivery and integration of government services and report on service delivery outcomes and standards. 50. Systems reviews (1) The Authority must, if required to do so by the Premier, and may, if requested to do so by any other Minister or by a public service body Head, conduct a review of management systems, structures or processes in a public service body or public entity or of the functional relationships between 2 or more public service bodies or public entities or classes of public service body or public entity. (2) The Authority cannot conduct a review of its own motion. s. 48 -- 51 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 46 (3) On conducting a review the Authority may— (a) monitor the performance of the public service body or public entity against its objectives and recommend measures to improve its effectiveness, efficiency or accountability; (b) recommend measures to enhance the delivery or integration of government services; (c) advise on best practice in service delivery. (4) A request for a review may only be made under sub-section (1) by a Minister (other than the Premier) in relation to a public service body or public entity if he or she is the public service body Minister or is responsible for the public entity, as the case requires. (5) A request for a review may only be made under sub-section (1) by a public service body Head in relation to a public service body of which he or she is the Head. (6) A public service body or public entity that is the subject of a review, and any person employed in or by that body or entity, must take all reasonable steps to assist the Authority to conduct the review. 51. Report of systems review The Authority must prepare a report on any review conducted by it in response to a requirement or request made under section 50, including any recommendations or advice, and provide a copy of it to the person who required or requested the review. s. 51 -- 52 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 47 52. Special inquiries (1) The Premier may direct the Authority to conduct a special inquiry into any matter relating to— (a) a public service body; or (b) a public entity; or (c) a special body. (2) A special inquiry may be conducted in relation to a body even if a provision of an Act other than this Act has the effect that the body or a member of the body or of the governing body (by whatever name called) of the body is— (a) not subject to this Act; or (b) not subject to this Act other than Part 5; or (c) not subject to this Act other than Part 5 or except in accordance with Part 7. 53. Powers on special inquiries (1) A person conducting a special inquiry may, in connection with the inquiry, enter any premises of a body that is the subject of the inquiry. (2) Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to a person conducting a special inquiry as if he or she were a Board or the Chairman of a Board appointed by the Governor in Council. (3) A person is not excused from producing any document or answering any question at a special inquiry on the ground that the production of the document or the answering of the question is prohibited by or under any other Act. s. 52 -- 53 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 48 (4) The production of a document or the answering of a question, when required at a special inquiry, does not constitute a breach of a provision made by or under any Act prohibiting the disclosure of information of a kind contained in that document or answer. (5) Nothing in this section takes away from any privilege or immunity existing by custom or convention and relating to the production of documents of previous Governments. 54. Procedure and evidence at a special inquiry (1) If the person conducting a special inquiry agrees, a person or body may be represented at the inquiry by a legal practitioner or other agent. (2) The person conducting a special inquiry is not bound by the rules of evidence and may be informed on any matter in issue at the inquiry in any manner that he or she considers appropriate. (3) The person conducting a special inquiry may give directions as to the procedure to be followed at or in connection with the inquiry. 55. Reports of special inquiries (1) The Authority must— (a) within the period required by the Premier, prepare a report on the conduct and findings, and any recommendations, of the inquiry; and (b) immediately after preparing the report, provide a copy to the Premier and the Minister responsible for any body that is the subject of the inquiry. s. 54 -- 54 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 49 (2) The Minister responsible for a body that is the subject of the inquiry must cause a copy of the report of a special inquiry, together with information as to any action taken or proposed to be taken in relation to the subject-matter of the report, to be laid before each House of Parliament within 30 sitting days of that House after the day on which that Minister was provided with a copy of the report. 56. Special reviews (1) The Premier may direct the Authority to conduct a special review into any matter relating to— (a) a public service body; or (b) a public entity. (2) A special review may be conducted in relation to a public entity even if a provision of an Act other than this Act has the effect that the entity or a member of the entity or of the governing body (by whatever name called) of the entity is— (a) not subject to this Act; or (b) not subject to this Act other than Part 5; or (c) not subject to this Act other than Part 5 or except in accordance with Part 7. 57. Powers on special reviews (1) A person conducting a special review may, in connection with the review, enter the premises of a body that is the subject of the review. (2) Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to a person conducting a special review as if he or she were a Board or the Chairman of a Board appointed by the Governor in Council. s. 56 -- 55 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 50 (3) A person is not excused from producing any document or answering any question at a special review on the ground that the production of the document or the answering of the question is prohibited by or under any other Act. (4) The production of a document or the answering of a question, when required at a special review, does not constitute a breach of a provision made by or under any Act prohibiting the disclosure of information of a kind contained in that document or answer. (5) Nothing in this section takes away from any privilege or immunity existing by custom or convention and relating to the production of documents of previous Governments. 58. Procedure and evidence at a special review (1) If the person conducting a special review agrees, a person or body may be represented at the review by a legal practitioner or other agent. (2) The person conducting a special review is not bound by the rules of evidence and may be informed on any matter in issue on the review in any manner that he or she considers appropriate. (3) The person conducting a special review may give directions as to the procedure to be followed at or in connection with the review. 59. Reports of special reviews (1) The Authority must— (a) within the period required by the Premier, prepare a report on the conduct and findings, and any recommendations, of the review; and s. 58 -- 56 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 51 (b) immediately after preparing the report, provide a copy to the Premier and the Minister responsible for any body that is the subject of the review. (2) The Minister responsible for a body that is the subject of the review must cause a copy of the report of a special review, together with information as to any action taken or proposed to be taken in relation to the subject-matter of the report, to be given to the Premier as soon as practicable after that Minister was provided with a copy of the report. 60. Bodies with judicial or quasi-judicial functions (1) Nothing in this Subdivision empowers the Authority to conduct, or a Minister to direct or request the conduct of, a special inquiry or special review into any exercise by a body of a function that is of a judicial or quasi-judicial nature. (2) The conduct of a systems review of, or a special inquiry or special review into any matter relating to, a body that exercises functions that are of a judicial or quasi-judicial nature must not in any way impede the exercise by the body of those functions. Subdivision 3—Role 2 61. Statement of role 2 Role 2 of the Authority is to promote high standards of integrity and conduct in the public sector. 62. Role 2 to be performed by PSSC (1) Subject to sub-section (2), role 2 of the Authority is to be performed by the Public Sector Standards Commissioner independently. s. 60 -- 57 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 52 (2) The Public Sector Standards Commissioner must consult in good faith with the other members of the Authority in relation to the exercise of his or her functions, other than that relating to the review of actions under section 64. 63. Codes of conduct (1) The Public Sector Standards Commissioner may prepare and issue codes of conduct based on the public sector values. (2) The purpose of a code of conduct is to promote adherence to the public sector values. (3) A code of conduct is binding on any public official or class of public official to whom it applies. (4) The Public Sector Standards Commissioner may determine to whom a code of conduct applies. (5) A contravention of a code of conduct by a public official who is bound by the code is capable of constituting misconduct. (6) The Public Sector Standards Commissioner may amend and re-issue a code of conduct or issue a new code of conduct in substitution for a previously issued one. 64. Review of actions (1) Subject to this section, an employee is entitled to have an action taken within a public service body that relates to his or her employment reviewed in accordance with the regulations and any standards issued under sub-section (5). Note: Public service bodies include offices specified in section 16(1)—see section 16(2). s. 63 -- 58 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 53 (2) Unless the regulations otherwise provide, an employee is only entitled to have a review of a proposed appointment or promotion on the ground of an error of law or a significant deficiency in the selection process or the process on an initial review. (3) Regulations made for the purposes of this section may— (a) prescribe exceptions to the entitlement to a review in circumstances where— (i) the matter is frivolous, vexatious or lacking in substance; or (ii) the applicant does not have sufficient personal interest; or (iii) the applicant has not sought an initial review within the public service body to which he or she belongs; or (iv) the application is not made within a specified period; or (v) the matter is the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal initiated by the applicant; or (vi) the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal; (b) provide for procedures for a review, including empowering the appointment of a person or body to conduct a review and specifying circumstances in which the applicant or any other party to a review may be represented by a legal practitioner or other agent; s. 64 -- 59 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 54 (c) provide for an initial review to be conducted within the public service body to which the employee belongs; (d) provide for the powers available to the person or body conducting an initial review within the public service body to which the employee belongs; (e) provide for an application for a review to be made directly to the Public Sector Standards Commissioner in specified circumstances; (f) provide for an application for a review to be referred to the Public Sector Standards Commissioner in specified circumstances on completion of an initial review within the public service body to which the employee belongs; (g) provide for the powers available to the Public Sector Standards Commissioner on conducting a review, including power to require the appropriate public service body Head to provide him or her with information or documents and power to interview any employee in the body. (4) Regulations made for the purposes of this section— (a) must not require the Public Sector Standards Commissioner to hold a formal hearing on a review; (b) must ensure that the rules of natural justice are adhered to on a review. (5) The Public Sector Standards Commissioner may establish and issue standards concerning procedure for reviews, including minimum standards with which public sector bodies must comply in establishing review processes. s. 64 -- 60 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 55 (6) A standard issued under sub-section (5) must not be inconsistent with this Act or the regulations and, to the extent that it is, the standard is of no effect. 65. Recommendations following review (1) A person or body (including the Public Sector Standards Commissioner) that has conducted a review under section 64 may make recommendations in a report on the review but does not have power to make any binding decision as a result of the review. (2) Without limiting sub-section (1), recommendations under that sub-section may include a recommendation that— (a) a decision be reconsidered; or (b) processes within the public service body be changed. (3) If the appropriate public service body Head does not adopt, or decide to adopt, a recommendation made in a report on a review within 14 days after receiving the report, he or she must, within 7 days after the end of that period, provide a written statement of the reasons for not adopting the recommendation to the Public Sector Standards Commissioner, the applicant for the review and any other person affected by the recommendation. 66. Promotion of public sector values, principles etc. (1) The Public Sector Standards Commissioner must promote the public sector values, the public sector employment principles, codes of conduct and standards. (2) The Public Sector Standards Commissioner may establish and issue standards concerning the application of the public sector employment principles. s. 65 -- 61 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 56 (3) Standards issued under sub-section (2) are binding on the public sector bodies to which they apply and on persons employed in those bodies. (4) Public sector body Heads must ensure that persons employed in the body are informed about the application of the public sector employment principles and standards issued under sub- section (2). (5) The Public Sector Standards Commissioner may require public service body Heads and public entity Heads to provide him or her with information relating to the application of— (a) the public sector values; and (b) the public sector employment principles; and (c) codes of conduct; and (d) standards— at such times, and in such manner, as he or she may specify. (6) The Public Sector Standards Commissioner may require special body Heads to provide him or her with information relating to the application of— (a) values consistent (as required by section 7(2)) with the public sector values; and (b) the public sector employment principles— at such times, and in such manner, as he or she may specify. Subdivision 4—Role 3 67. Statement of role 3 Role 3 of the Authority is to strengthen the professionalism and adaptability of the public sector. s. 67 -- 62 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 57 68. Related functions The Authority has the following functions related to role 3— (a) to promote careers in public administration within the public sector and to the general community; (b) to promote the efficient utilisation of all staff in public employment in Victoria by identifying workforce and career arrangements that impede service delivery; (c) to provide leadership on workforce management and professional development in the public sector; (d) to develop, monitor and report on workforce development, human resource and management policies for the public sector; (e) to make recommendations to the Premier on the professional development and remuneration of executives; (f) to undertake research and investigation, and establish and maintain appropriate databases, relevant to workforce development in the public sector; (g) to nurture appropriate professional behaviour for the public sector workforce; (h) to monitor the effectiveness of redeployment processes within the public service. Subdivision 5—Role 4 69. Statement of role 4 Role 4 of the Authority is to promote high standards of governance, accountability and performance for public entities. s. 68 -- 63 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 58 70. How role 4 is to be performed The Authority must perform role 4 by— (a) providing advice to the Premier on appropriate structures and governance arrangements for public entities; (b) conducting reviews of the continuing relevance and effectiveness of classes of public entities; (c) at the request of the Premier, providing advice on governance or performance issues affecting a particular public entity or class of public entity; (d) at the request of the Minister responsible for a particular public entity or class of public entity, providing advice on governance or performance issues affecting the public entity or class of public entity. Subdivision 6—Role 5 71. Statement of role 5 Role 5 of the Authority is to establish and maintain a register of instruments issued under this Act. 72. Register (1) The register must be kept electronically. (2) The register must contain up-to-date versions of the following— (a) any code of conduct issued by the Public Sector Standards Commissioner; (b) any standards issued by the Public Sector Standards Commissioner; s. 70 -- 64 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 59 (c) any Order made by the Governor in Council under Part 5; (d) any other instrument issued under this Act that the Premier directs, in writing, the Authority to enter in the register. (3) The Authority may enter additional material in the register if the Authority considers that it is likely to be useful to public sector employees. (4) The Authority must ensure, as far as practicable, that the contents of the register are accessible to the public at all times without charge on an Internet site. Division 3—Annual Plans and Reports 73. Authority's annual plan (1) Before the date fixed by the Premier in relation to a financial year, the Authority must— (a) prepare a draft annual plan describing the Authority's proposed work program for that year; and (b) submit the draft to the Premier for approval. (2) The Premier must consider the draft annual plan and may approve it— (a) with or without changes; or (b) subject to any conditions that the Premier wishes to impose. (3) With the approval of the Premier, the Authority may, at any time during a financial year, amend the approved annual plan for that financial year. s. 73 -- 65 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 60 74. Authority and PSSC reports (1) The Authority must, in respect of each year ending 30 June, prepare an annual report on— (a) its operations during the year; and (b) the adherence by public officials to public sector values during the year and their compliance with any applicable code of conduct; and (c) the application during the year of the public sector values, public sector employment principles, codes of conduct and standards; and (d) the profile of the public service and the public sector; and (e) any other matter which the Authority considers it appropriate to include in its report— and submit the report to the Premier not later than the date fixed by the Premier in relation to that year. (2) To assist it with the preparation of an annual report, the Authority may require the Head of a public sector body to provide it with such information, at such times and in such manner as it may specify. (3) The Public Sector Standards Commissioner may at any time prepare a report on any review conducted under section 64 by him or her or on his or her behalf and submit the report to the Premier. s. 74 -- 66 of 190 -- Victorian Legislation and Parliamentary Documents Part 4—State Services Authority Public Administration Act 2004 Act No. 108/2004 61 (4) The Premier must cause each report submitted to him or her under this section to be laid before each House of Parliament within 7 sitting days after receiving it. __________________ s. 74 -- 67 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 62 PART 5—OPERATION OF PUBLIC ENTITIES Division 1—Preliminary 75. Application of Part The Governor in Council may, by Order published in the Government Gazette— (a) apply Division 2 or 3 or both Divisions 2 and 3 or any provision of any of those Divisions to a public entity, or a class of public entity, established before the commencement of this Part; or (b) exempt a public entity, or a class of public entity, from the application of Division 2 or 3 or both Divisions 2 and 3 or from any provision of any of those Divisions; or (c) declare a public entity, that would otherwise be a small entity, not to be a small entity for the purposes of this Part. 76. This Part to prevail (1) Except as otherwise provided by this Part, if a provision of this Part, or of a regulation or Order made under this Part, that applies to a public entity is inconsistent with, or has the same or a similar effect as, a provision of the Act or subordinate instrument or other document under which the public entity is established (including a provision of the State Owned Enterprises Act 1992 or of an Order under that Act), the provision of this Part or of the regulation or Order made under this Part prevails or applies in place of the other provision. s. 75 -- 68 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 63 (2) Sub-section (1) does not have the effect of allowing a provision of this Part or of a regulation or Order made under this Part— (a) that is of a general nature to prevail over, or apply in place of, a provision of a specific nature of the Act or subordinate instrument or other document under which a public entity is established; or (b) to prevail over, or apply in place of, a provision of the Act or subordinate instrument or other document under which the public entity is established that is more stringent in nature— and compliance with the specific or more stringent provision in relation to a matter must be taken to be compliance with the general or less stringent provision in relation to that matter. Example Section 65ZF of the Health Services Act 1988 requires the board of a public health service to prepare a strategic plan for the operation of the service and section 65ZFA of that Act requires it to prepare a statement of priorities for each financial year dealing with certain specified matters. A public health service is a standard entity. Compliance with these specific more stringent requirements would satisfy the requirements imposed by section 95(1)(d)(i) and (ii) of this Act. (3) The provisions of this Part are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation. Note: Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency. s. 76 -- 69 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 64 Division 2—Governance Principles 77. Application of Division (1) Except as otherwise provided by an Order made under section 75(a), this Division only applies to public entities established on or after the commencement of this Part. (2) This Division, or a provision of this Division, does not apply to a public entity that is exempted from its application by an Order made under section 75(b). 78. Other duties not affected (1) Nothing in this Division affects or limits any other duty imposed on a director of a public entity by or under any other provision of this Act. (2) This Division has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of directors and does not prevent the institution of any criminal or civil proceedings in respect of such a liability. 79. Duties of directors (1) A director of a public entity must at all times in the exercise of the functions of his or her office act— (a) honestly; and (b) in good faith in the best interests of the public entity; and (c) with integrity; and (d) in a financially responsible manner; and (e) with a reasonable degree of care, diligence and skill; and s. 77 -- 70 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 65 (f) in compliance with the Act or subordinate instrument or other document under which the public entity is established. (2) A person who is or has been a director of a public entity must not, except to the extent necessary— (a) to exercise functions under this or any other Act; or (b) to give any information that he or she is expressly authorised, permitted or required to give under this or any other Act— give to any other person, whether directly or indirectly, any information acquired by him or her by reason of being a director. (3) A director of a public entity must not improperly use his or her position, or any information acquired by him or her by reason of his or her position, to— (a) gain an advantage for himself or herself or another person; or (b) cause detriment to the public entity. (4) A director of a public entity who becomes a candidate for an election to the Parliament of Victoria or of the Commonwealth or of any other State or a Territory or to a Council within the meaning of the Local Government Act 1989 or a corresponding body in another jurisdiction— (a) must notify the board of the public entity of that fact; and (b) must not use any resources of the public entity in connection with his or her candidature. s. 79 -- 71 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 66 80. Duties of chairperson The chairperson of a public entity (other than a Commissioner entity) must ensure that all policies adopted by, or relevant to, the public entity or the board of the public entity are provided to, or made readily accessible to, all directors of the entity. 81. Duties of entity (1) The board of a public entity must— (a) act consistently with the functions and objectives of the entity and with any business or strategic plan or other document relevant to the work program of the entity; and (b) inform the Minister responsible for the public entity and the relevant Department Head of known major risks to the effective operation of the entity and of the risk management systems that it has in place to address those risks; and (c) unless prohibited from doing so by or under any law, provide the Minister responsible for the public entity with any information relating to the entity or its operations that he or she requests; and (d) except in the case of a Commissioner entity, ensure that adequate procedures are in place for— (i) assessing the performance of individual directors; and (ii) dealing with poor performance by directors; and (iii) resolving disputes between directors; and (e) ensure that a code of conduct applicable to directors is in place; and s. 80 -- 72 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 67 (f) ensure that processes are in place to deal with conflicts of interests in directors that— (i) apply to both financial and non- financial interests; (ii) require full disclosure of interests at meetings of the board and the recording of the disclosure in the minutes of the meeting; (iii) require the board to determine whether a conflict of interests in a matter is material; (iv) enable the board to— (A) require the absence from a meeting of a director who has a material conflict of interest in a matter while the board is considering the matter; (B) prohibit such a director from taking part in any decision of the board in relation to the matter; (v) require the board to notify in writing the Minister responsible for the entity as soon as practicable after becoming aware of any breach of the processes; and (g) ensure that an adequate gifts policy for directors is in place; and (h) except in the case of a Commissioner entity or as otherwise provided by an Order made under sub-section (3) in the case of an advisory entity, ensure that adequate procedures are in place for the conduct of meetings and the making of decisions at meetings, including appropriate s. 81 -- 73 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 68 arrangements for acting directors, and that appropriate records of meetings are kept; and (i) except in the case of an entity that has no money or other property under its management or control or as otherwise provided by an Order made under sub- section (3) in the case of an advisory entity, ensure that appropriate financial records are kept; and (j) ensure that adequate controls are in place to prevent fraudulent behaviour; and (k) except in the case of an advisory entity, a small entity or an entity that is otherwise required to have its financial statements or accounts audited by the Auditor-General, ensure that its financial statements or accounts are audited by the Auditor-General at intervals of no greater than 3 years. (2) A public entity may satisfy a requirement under sub-section (1) to have a particular code or policy in place by applying, with appropriate adaptations, a code or policy of another public sector body consistent with the public sector values. (3) The Governor in Council may, by Order published in the Government Gazette, make provision in relation to an advisory entity, or a class of advisory entity, in substitution for that made by paragraph (h) or (i) of sub-section (1). 82. Public entity not to make loans to directors (1) The powers of a public entity do not include a power, whether directly or indirectly— (a) to make a loan to a director of the public entity or to a relative (as defined in the Corporations Act) of such a director or of a spouse of such a director; or s. 82 -- 74 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 69 (b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director or relative referred to in paragraph (a). (2) Nothing in sub-section (1) prohibits a public entity entering into an agreement or arrangement with a person referred to in sub-section (1) if similar agreements or arrangements are entered into by the public entity with members of the public on the same terms and conditions. 83. Sub-committees (1) A public entity may form or dissolve sub- committees and define their functions and membership. (2) The membership of a sub-committee is not restricted to directors of the public entity that formed it. (3) A public entity may, by instrument, delegate to the members of a sub-committee who are directors of the public entity any of its functions, except this power of delegation. 84. Subsidiaries (1) A public entity that has the power to form, or participate in the formation of, a body corporate and that intends to do so must, within a reasonable time before doing so, notify in writing the Minister responsible for the public entity and the Treasurer of that intention. (2) The Minister responsible for the public entity may direct the public entity not to form, or participate in the formation of, a body corporate or impose restrictions or conditions on the exercise of the power including restrictions or conditions as to— s. 83 -- 75 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 70 (a) the powers to be conferred on the body corporate; or (b) obligations or duties to be imposed on the body corporate. (3) A public entity must comply with a direction given to it by a Minister under sub-section (2). 85. Accountability (1) The board of a public entity is accountable to the Minister responsible for the entity for the exercise of its functions. (2) The Minister responsible for a public entity is responsible to the Parliament in respect of— (a) the exercise by the public entity of its functions; (b) the exercise by the Minister of his or her powers in relation to the public entity including— (i) the power to appoint directors or remove them from office, or recommend the appointment or removal from office of directors; (ii) the power to give directions to the public entity or request information from it; (iii) the power to control or affect its operations; (iv) the power to initiate a review of the public entity's management systems, structures or processes. s. 85 -- 76 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 71 86. Injunctions (1) The Minister responsible for a public entity may apply to the Magistrates' Court for the grant of an injunction restraining the entity or a director of the entity from engaging in conduct that— (a) would constitute a contravention of this Act or the Act or subordinate instrument or other document under which the entity is established; or (b) would otherwise be contrary to law. (2) The Magistrates' Court may grant an injunction or, pending the determination of an application under sub-section (1), may grant an interim injunction, restraining a public entity or a director of a public entity from engaging in conduct of the kind referred to in sub-section (1) if the Court considers that it is just and equitable to do so. (3) The Magistrates' Court does not have power under this section to grant an injunction or an interim injunction in relation to conduct that a public entity or a director of a public entity acting in a quasi-judicial capacity in relation to a particular matter is entitled to engage in under the Act or subordinate instrument or other document under which the entity is established. 87. Public entity or Minister may bring proceedings If a director of a public entity contravenes this Division in relation to the public entity, the public entity or the Minister responsible for the public entity, in the name of the public entity, may recover from the director as a debt due to the public entity by action in a court of competent jurisdiction either or both of the following— (a) if the director, or any other person, made a profit as a result of the contravention, an amount equal to that profit; s. 86 -- 77 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 72 (b) if the public entity has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage. Division 3—Removal, Suspension or Standing Down of Directors 88. Application of Division (1) Except as otherwise provided by an Order made under section 75(a), this Division only applies to public entities established on or after the commencement of this Part. (2) This Division, or a provision of this Division, does not apply to a public entity that is exempted from its application by an Order made under section 75(b). 89. Power to remove or suspend directors (1) Without limiting section 41 of the Interpretation of Legislation Act 1984 or any power or duty conferred or imposed by or under any other Act or law, the person who has power to appoint a director of a public entity to the office of director has power— (a) to remove the director from office; and (b) to suspend the director from office for a period not exceeding one month— if he or she believes that the director has contravened a code of conduct that is applicable to him or her or a duty or obligation otherwise imposed on him or her by or under this Act. (2) A suspension imposed under the power conferred by sub-section (1) cannot be extended or renewed. s. 88 -- 78 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 73 (3) A suspended director is, by force of this sub- section, restored to office at the end of the period of suspension unless he or she is removed from office within that period. (4) Subject to sub-section (5), in exercising a power conferred by sub-section (1) to remove a director from office, the person exercising the power must do so by notice in writing delivered to the director that— (a) specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and (b) informs the director that at any time prior to the removal taking effect he or she may submit to the person exercising the power reasons as to why he or she should not be removed from office. (5) If the person exercising the power is the Governor in Council on the recommendation of a Minister, that Minister must deliver to the director a notice in writing that— (a) specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and (b) informs the director that at any time prior to the removal taking effect he or she may submit to the Minister reasons as to why he or she should not be removed from office. (6) A person who has exercised a power conferred by sub-section (1) to remove a director from office may revoke the notice of removal, by notice in writing delivered to the director, at any time before it takes effect. s. 89 -- 79 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 74 (7) To avoid doubt, sub-section (1) does not confer power to remove or suspend from office a director of a public entity who holds an office to which he or she has been elected otherwise than by the board of the public entity. (8) The office of a director becomes vacant if the director— (a) becomes an insolvent under administration (within the meaning of the Corporations Act); or (b) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence. (9) A director may resign from office by notice in writing delivered to the person who has power to appoint a new director in his or her place. (10) If— (a) the public entity in which the director holds office is a company (within the meaning of the Corporations Act) all the shares in which are held by, or on behalf of, the State; and (b) a provision of this section is inconsistent with a provision of the company's constitution— the provision of the company's constitution prevails. (11) This section does not apply to a director of a public entity that exercises functions that are of a quasi-judicial nature. s. 89 -- 80 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 75 90. Standing down of director of quasi-judicial entity (1) A director of a public entity that exercises functions that are of a quasi-judicial nature who is charged with an indictable offence must stand down from his or her office until the charge is finally determined. (2) A director who stands down in accordance with sub-section (1) continues to be entitled to receive any salary, fee or allowance which he or she would be entitled to receive if he or she had not stood down. Division 4—General 91. Application of Division (1) Except as otherwise provided by this Division, this Division applies to all public entities, whether established before or after the commencement of this Part. (2) A special body may determine, in writing, to be bound by any or all of the provisions of this Division in its capacity as a special body and, if it so determines, the provision applies to that body in that capacity. 92. Power to make public entities subject to specified whole of government policies (1) On the recommendation of the Premier the Governor in Council may, by Order published in the Government Gazette, require all public entities, or a specified public entity or class of public entity, to comply with a specified whole of government policy of any kind for the purpose of improving operating standards or service delivery or otherwise supporting a whole of government approach. s. 90 -- 81 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 76 (2) The Premier must not recommend the making of an Order under sub-section (1) unless he or she is satisfied that adequate consultation has occurred. (3) Nothing in this section authorises the making of an Order in relation to a public entity that exercises functions that are of a quasi-judicial nature that would impede the exercise of any such function. (4) Nothing in this section authorises the making of an Order in relation to a public entity— (a) that would impede the exercise of any statutorily independent function that it has; or (b) intended to bring about a particular result or achieve a particular outcome in a particular matter over which the entity has jurisdiction. 93. Requirement to provide financial information (1) The board of a public entity must provide to the Treasurer or the Minister administering section 44A of the Financial Management Act 1994, at a time and in a manner specified by that Minister, any financial information requested by that Minister. (2) A request under sub-section (1) must be made in writing. (3) A Minister who makes a request under sub- section (1) to a public entity must notify the Minister responsible for that entity of that request as soon as practicable after making it. s. 93 -- 82 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 77 94. Requirement to provide non-financial information (1) The Premier may, by notice in writing delivered to a public entity, require the entity to provide, at a time and in a manner and in the circumstances specified by the Premier, information, other than financial information, of a kind specified by the Premier. (2) A requirement made by the Premier under sub- section (1) may be made in relation to a particular public entity or a particular class of public entity. 95. Documents required to be kept by standard entities (1) A standard entity must keep and make readily available to directors of the entity— (a) a register containing the prescribed documents or class of documents relating to the accountability and reporting arrangements applicable to the entity; (b) any document issued to the entity by the Minister responsible for the entity or the Head of the Department with administrative responsibility for the entity outlining the respective roles of, and the relationships between, the entity, the Department and the Minister; (c) any document issued to the entity by the Minister responsible for the entity outlining the term of appointment of directors and their roles and responsibilities; (d) a copy of any corporate plan, in the form prescribed by the regulations (if any), adopted by the entity and (except in the case of an entity that is a State owned enterprise within the meaning of the State Owned Enterprises Act 1992) approved by the Minister responsible for the entity in respect of a period containing— s. 94 -- 83 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 78 (i) a statement of the entity's medium- term intentions and undertakings (a statement of corporate intent); and (ii) a business plan; and (iii) financial statements; (e) a copy of any annual report of the entity submitted to the Minister responsible for the entity; (f) any other document of a planning nature of a kind specified by the Minister responsible for the entity in writing to the entity as required to be kept and made available. (2) The Minister responsible for a standard entity must ensure that a document of a kind referred to in sub-section (1)(c) is issued to the entity. (3) Unless the context otherwise requires, a requirement under this section to keep and make available a document is a requirement to keep and make available an up-to-date version of the document. (4) In this section "standard entity" includes a public entity that exercises functions that are of a quasi-judicial nature. 96. Documents required to be kept by small entities (1) A small entity must keep and make readily available to directors of the entity— (a) any document issued to the entity by the Minister responsible for the entity outlining the respective roles of, and the relationships between, the entity, the Department with administrative responsibility for the entity and the Minister; s. 96 -- 84 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 79 (b) any document issued to the entity by the Minister responsible for the entity outlining the term of appointment of directors and their roles and responsibilities; (c) a copy of any corporate plan, in the form prescribed by the regulations (if any), adopted by the entity and approved by the Minister responsible for the entity in respect of a period containing— (i) a statement of the entity's medium- term intentions and undertakings (a statement of corporate intent); and (ii) a business plan; and (iii) financial statements; (d) any other document of a planning nature of a kind specified by the Minister responsible for the entity in writing to the entity as required to be kept and made available. (2) The Minister responsible for a small entity must ensure that a document of a kind referred to in sub-section (1)(b) is issued to the entity. (3) The Governor in Council may, by Order published in the Government Gazette, exempt (either generally or in specified circumstances) a small entity, or a class of small entity, from the whole or any specified part of the requirement to prepare and keep a document of a kind referred to in sub- section (1)(c). (4) Unless the context otherwise requires, a requirement under this section to keep and make available a document is a requirement to keep and make available an up-to-date version of the document. s. 96 -- 85 of 190 -- Victorian Legislation and Parliamentary Documents Part 5—Operation of Public Entities Public Administration Act 2004 Act No. 108/2004 80 97. Documents required to be kept by advisory entities (1) An advisory entity must keep and make readily available to directors of the entity— (a) any document issued to the entity by the Minister responsible for the entity outlining the respective roles of, and the relationships between, the entity, the Department with administrative responsibility for the entity and the Minister; (b) any document issued to the entity by the Minister responsible for the entity outlining the term of appointment of directors and their roles and responsibilities; (c) any other document of a planning nature of a kind specified by the Minister responsible for the entity in writing to the entity as required to be kept and made available. (2) The Minister responsible for an advisory entity must ensure that a document of a kind referred to in sub-section (1)(b) is issued to the entity. (3) Unless the context otherwise requires, a requirement under this section to keep and make available a document is a requirement to keep and make available an up-to-date version of the document. __________________ s. 97 -- 86 of 190 -- Victorian Legislation and Parliamentary Documents Part 6—Employment of Ministerial Officers, Parliamentary Advisers and Judicial Employees Public Administration Act 2004 Act No. 108/2004 81 PART 6—EMPLOYMENT OF MINISTERIAL OFFICERS, PARLIAMENTARY ADVISERS AND JUDICIAL EMPLOYEES Division 1—Ministerial Officers 98. Employment of Ministerial officers (1) The Premier may employ a person as a Ministerial officer for a term, not exceeding 4 years, and on terms and conditions specified in the person's contract of employment. (2) If an employee who is on leave of absence without pay is appointed as a Ministerial officer, he or she is, for the purposes of the State Superannuation Act 1988, to be taken to be on leave of absence with pay for the duration of that appointment. Division 2—Parliamentary Advisers 99. Employment of Parliamentary advisers (1) Subject to the directions of the Premier in respect of conditions of employment and termination of employment, the Leader of the Opposition or a member of the Parliament of Victoria who is the Leader of another party represented in the Parliament by at least one other member may employ any person as a Parliamentary adviser for a term, not exceeding 4 years, specified in the person's contract of employment. (2) Subject to the directions of the Premier in respect of conditions of employment and termination of employment, a member of the Parliament of Victoria who is not a member of a party or is the sole representative in the Parliament of a party may employ any person as a Parliamentary adviser for a term, not exceeding 4 years, specified in the person's contract of employment. s. 98 -- 87 of 190 -- Victorian Legislation and Parliamentary Documents Part 6—Employment of Ministerial Officers, Parliamentary Advisers and Judicial Employees Public Administration Act 2004 Act No. 108/2004 82 (3) If an employee who is on leave of absence without pay is appointed as a Parliamentary adviser, he or she is, for the purposes of the State Superannuation Act 1988, to be taken to be on leave of absence with pay for the duration of that appointment. 100. Delegation Subject to the directions of the Premier, a person empowered under this Division to employ any person as a Parliamentary adviser may, by instrument, delegate that power to any person. Division 3—Judicial Employees 101. Judicial employees In this Division "judicial employee" means— (a) an associate to a Judge of the Supreme Court or County Court; or (b) a secretary of, or associate to, a Master of the Supreme Court or the County Court; or (c) a tipstaff of a Judge of the Supreme Court or County Court. 102. Employment of judicial employees (1) The appropriate public service body Head may employ any person as a judicial employee. (2) The public sector employment principles apply to the employment of judicial employees. 103. Termination of employment as judicial employee (1) The employment of a judicial employee may be terminated at any time by the appropriate public service body Head giving the employee, or the employee giving that Head, notice of termination in accordance with sub-section (2). s. 100 -- 88 of 190 -- Victorian Legislation and Parliamentary Documents Part 6—Employment of Ministerial Officers, Parliamentary Advisers and Judicial Employees Public Administration Act 2004 Act No. 108/2004 83 (2) The notice must be— (a) 4 weeks notice of termination; or (b) any other period of notice agreed between the public service body Head and the employee. (3) A person who was an employee immediately before his or her employment under this Division, retains any right to long service, annual, sick or other leave accrued or accruing to him or her immediately before that employment. (4) A person who was an employee in a public service body immediately before his or her employment under this Division is deemed, on the termination of his or her employment as a judicial employee, to be re-employed in that public service body on the same terms and conditions as before his or her employment under this Division. (5) A judicial employee is not entitled to compensation as a result of the termination of his or her employment under this Division. __________________ s. 103 -- 89 of 190 -- Victorian Legislation and Parliamentary Documents Part 7—Declared Authorities Public Administration Act 2004 Act No. 108/2004 84 PART 7—DECLARED AUTHORITIES 104. What are declared authorities? (1) In this section "authority" means— (a) a public entity; or (b) a statutory office; or (c) a prerogative office; or (d) any group of people employed in the service of the Crown. (2) The Governor in Council may, by Order published in the Government Gazette— (a) declare an authority to be a declared authority; and (b) specify the person or body who is to have the functions of a public service body Head in relation to that declared authority; and (c) specify the provisions of this Act which are to apply to that declared authority. (3) An Order cannot be made under sub-section (2) in relation to— (a) an exempt body or an exempt body official in his or her capacity as such an official; (b) an office specified in section 16(1); or (c) a person covered by section 106(1), except an Assistant Commissioner of Police; or (d) an office or the holder of an office under an Act that provides that the holder may or must be removed from that office following an address, declaration, resolution or other involvement of either or both Houses of Parliament; or s. 104 -- 90 of 190 -- Victorian Legislation and Parliamentary Documents Part 7—Declared Authorities Public Administration Act 2004 Act No. 108/2004 85 (e) a State owned enterprise, except at the request of the Minister responsible for it; or (f) a public entity specifying that standards issued under section 66(2) are to apply to it, except after consultation between the Premier and the Minister responsible for the entity. 105. Application of Act to declared authorities (1) A provision of this Act applies in relation to a particular declared authority only if it is specified in the Order made under section 104(2) in relation to that authority. (2) A reference in a provision of this Act applying in relation to a declared authority to— (a) a public service body or the public service, is to be taken to be a reference to the declared authority; and (b) a public service body Head, is to be taken to be a reference to the person specified in the Order as having the functions of a public service body Head in relation to the declared authority; and (c) an employee, is to be taken to be a reference— (i) in the case of a declared authority that is a statutory office or a prerogative office, to the holder of that office; and (ii) in any other case, to an employee of the declared authority. (3) A provision of this Act applying in relation to a declared authority prevails over any inconsistent provision made by or under any other Act or other document, irrespective of when made. __________________ s. 105 -- 91 of 190 -- Victorian Legislation and Parliamentary Documents Part 8—Miscellaneous Public Administration Act 2004 Act No. 108/2004 86 PART 8—MISCELLANEOUS 106. Act not to apply to certain persons (1) Except to the extent that a provision of this Act otherwise expressly provides, this Act does not apply to a person in his or her capacity as, or to the appointment or employment of a person as— (a) a judge of the Supreme Court; (b) a judge of the County Court; (c) a master of the Supreme Court within the meaning of Part III of the Constitution Act 1975; (d) a master of the County Court; (e) a magistrate; (f) a coroner appointed under the Coroners Act 1985; (g) the Solicitor-General; (h) the Director of Public Prosecutions, the Acting Director of Public Prosecutions, the Chief Crown Prosecutor, the Acting Chief Crown Prosecutor or any Crown Prosecutor or Associate Crown Prosecutor; (i) a person under the Police Regulation Act 1958; (j) an officer of the Parliament within the meaning of the Parliamentary Officers Act 1975. (2) Sub-section (1) does not prevent a person covered by that sub-section from having or exercising any functions of a public service body Head. s. 106 -- 92 of 190 -- Victorian Legislation and Parliamentary Documents Part 8—Miscellaneous Public Administration Act 2004 Act No. 108/2004 87 107. Protection from reprisal (1) A person who is not a public official or an exempt body official must not take detrimental action against another person who is a public official or an exempt body official for the reason that the other person is such an official. Penalty: 240 penalty units or 2 years imprisonment or both. (2) In determining whether a person has taken detrimental action against a public official or an exempt body official it is irrelevant whether or not the reason referred to in sub-section (1) is the only or dominant reason as long as it is a substantial reason. 108. Proceedings for damages for reprisal (1) A person who, in contravention of section 107(1), takes detrimental action against another person who is a public official or an exempt body official for the reason that the other person is such an official is liable in damages to that person. (2) The damages may be recovered in proceedings as for a tort in any court of competent jurisdiction. (3) Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section. (4) The right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the detrimental action. s. 107 -- 93 of 190 -- Victorian Legislation and Parliamentary Documents Part 8—Miscellaneous Public Administration Act 2004 Act No. 108/2004 88 109. Delegation by Premier and public service body Minister (1) The Premier may, by instrument, delegate to any person any of his or her functions under this Act, other than this power of delegation. (2) A public service body Minister may, by instrument, delegate to any person any of his or her functions under this Act, other than this power of delegation. 110. Exercise of functions in person's absence (1) If by or under any Act or other document a function is given to an office holder or other person in the service of the Crown (other than a Minister of the Crown) in their capacity as such, the function may be exercised by any other person in that service whom the public service body Minister directs to do so while— (a) the person with the function is unable (whether because of illness, absence or otherwise) to exercise it; or (b) no-one is employed to exercise it. (2) A person exercising a function under sub- section (1)— (a) must be taken for all purposes to be the person for whom he or she is acting; and (b) has, in connection with the exercise of the function, all the powers of the person for whom he or she is acting. s. 109 -- 94 of 190 -- Victorian Legislation and Parliamentary Documents Part 8—Miscellaneous Public Administration Act 2004 Act No. 108/2004 89 111. Evidence Act provisions to apply Sections 14, 15 and 16 of the Evidence Act 1958 apply in relation to any investigation or proceedings which the Public Sector Standards Commissioner, a public service body Head or any other person or body is authorised to conduct by or under this Act as if they were a Board appointed by the Governor in Council. 112. Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. s. 111 -- 95 of 190 -- Victorian Legislation and Parliamentary Documents Part 8—Miscellaneous Public Administration Act 2004 Act No. 108/2004 90 (3) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both sub-paragraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both sub-paragraphs (i) and (ii); and (c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and s. 112 -- 96 of 190 -- Victorian Legislation and Parliamentary Documents Part 8—Miscellaneous Public Administration Act 2004 Act No. 108/2004 91 (e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. 113. Repeal of 1998 Acts (1) The Public Sector Management and Employment Act 1998 is repealed. (2) The Public Sector Reform (Miscellaneous Amendments) Act 1998 is repealed. s. 113 See: Act No. 45/1998 and amending Act Nos 98/2000, 62/2001, 15/2003, 62/2004 and 63/2004. LawToday: www.dms. dpc.vic. gov.au See: Act No. 46/1998 and amending Act Nos 59/1998, 81/1998 and 12/1999. LawToday: www.dms. dpc.vic. gov.au -- 97 of 190 -- Victorian Legislation and Parliamentary Documents Part 8—Miscellaneous Public Administration Act 2004 Act No. 108/2004 92 114. Government Printer For section 72(1) of the Constitution Act 1975 substitute— "(1) There continues to be a Government Printer for Victoria. (1A) The person who is for the time being employed under Part 3 of the Public Administration Act 2004 as Chief Parliamentary Counsel is also the Government Printer without the need for any further appointment.". 115. Privileges of former members of Parliament and unsuccessful Parliamentary candidates Schedule 1 has effect. 116. Saving and transitional provisions Schedule 2 contains saving and transitional provisions. 117. Consequential amendments to this and other Acts (1) On the coming into operation of an item in Schedule 3, the Act referred to in the heading to that item is amended as set out in that item. (2) For section 16(1)(g) of this Act substitute— "(g) the Legal Services Commissioner in relation to the office of the Legal Services Commissioner;". __________________ s. 114 See: Act No. 8750. Reprint No. 16 as at 8 April 2003 and amending Act Nos 2/2003, 37/2003, 39/2003, 66/2003, 110/2003, 38/2004 and 39/2004. LawToday: www.dms. dpc.vic. gov.au -- 98 of 190 -- Victorian Legislation and Parliamentary Documents Part 9—Amendment of Parliamentary Officers Act 1975 Public Administration Act 2004 Act No. 108/2004 93 PART 9—AMENDMENT OF PARLIAMENTARY OFFICERS ACT 1975 118. Definition In section 3 of the Parliamentary Officers Act 1975, in the definition of "officers of the Parliament" paragraphs (c) and (d) are repealed. 119. New section 5A After section 5 of the Parliamentary Officers Act 1975 insert— "5A. Administrative departments of the Parliament The Parliament has the following administrative departments— (a) the department of the Legislative Council; (b) the department of the Legislative Assembly; (c) the department of Parliamentary Services.". 120. Department heads (1) Sections 6(1)(c) and 6(1)(d) of the Parliamentary Officers Act 1975 are repealed. (2) For section 6(2)(c) of the Parliamentary Officers Act 1975 substitute— "(c) the President and the Speaker, may appoint a person to a vacant office of Secretary of the department of Parliamentary Services.". See: Act No. 8730. Reprint No. 1 as at 19 September 1996 and amending Act Nos 59/1996, 45/1997, 46/1998 and 110/2003. LawToday: www.dms. dpc.vic. gov.au s. 118 -- 99 of 190 -- Victorian Legislation and Parliamentary Documents Part 9—Amendment of Parliamentary Officers Act 1975 Public Administration Act 2004 Act No. 108/2004 94 121. Offices in a department For sections 6A(1) and 6A(2) of the Parliamentary Officers Act 1975 substitute— "(1) The President, on the recommendation of the department head of the department of the Legislative Council— (a) may create, abolish or otherwise deal with any office in the department of the Legislative Council, other than the office of department head; and (b) must determine the work value and remuneration applicable to any office created under paragraph (a). (2) The Speaker, on the recommendation of the department head of the department of the Legislative Assembly— (a) may create, abolish or otherwise deal with any office in the department of the Legislative Assembly, other than the office of department head; and (b) must determine the work value and remuneration applicable to any office created under paragraph (a). (2A) The President and the Speaker, on the recommendation of the department head of the department of Parliamentary Services— (a) may create, abolish or otherwise deal with any office in the department of Parliamentary Services, other than the office of department head; and (b) must determine the work value and remuneration applicable to any office created under paragraph (a).". s. 121 -- 100 of 190 -- Victorian Legislation and Parliamentary Documents Part 9—Amendment of Parliamentary Officers Act 1975 Public Administration Act 2004 Act No. 108/2004 95 122. Appointment of officers (1) For sections 7(1) and 7(2) of the Parliamentary Officers Act 1975 substitute— "(1) An appointment to an office in the department of the Legislative Council, other than the office of department head, must be made by the President, on the recommendation of the department head of the department of the Legislative Council. (2) An appointment to an office in the department of the Legislative Assembly, other than the office of department head, must be made by the Speaker, on the recommendation of the department head of the department of the Legislative Assembly. (2A) An appointment to an office in the department of Parliamentary Services, other than the office of department head, must be made by the President and the Speaker, on the recommendation of the department head of the department of Parliamentary Services.". (2) In section 7(4) of the Parliamentary Officers Act 1975 for "sub-section (1)" substitute "this section". 123. Temporary employment For section 12 of the Parliamentary Officers Act 1975 substitute— "12. Temporary employment Whenever in the opinion of the President or the Speaker the prompt despatch of business renders temporary assistance necessary the President or the Speaker, or the President and the Speaker (as the case may be), on the recommendation of the relevant department s. 122 -- 101 of 190 -- Victorian Legislation and Parliamentary Documents Part 9—Amendment of Parliamentary Officers Act 1975 Public Administration Act 2004 Act No. 108/2004 96 head, may engage such persons as they consider suitable and necessary to perform such work.". 124. Delegation After section 12A(2) of the Parliamentary Officers Act 1975 insert— "(3) The President and the Speaker, acting jointly, may by instrument delegate to a department head any of the powers, duties or functions of the President and the Speaker under this Act (other than Part 3) or the regulations other than a power under section 13 to recommend the making of regulations or this power of delegation.". 125. Repeal of section 12B Section 12B of the Parliamentary Officers Act 1975 is repealed. 126. Conduct of department head For section 14(2)(c) of the Parliamentary Officers Act 1975 substitute— "(c) the President and the Speaker, in the case of the Secretary of the department of Parliamentary Services.". 127. New section 25A After section 25 of the Parliamentary Officers Act 1975 insert— "25A. Transitional provisions (2004 amendments) (1) A person who, immediately before the commencement of Part 9 of the Public Administration Act 2004, held, or was in the process of being appointed to, an office in— s. 124 -- 102 of 190 -- Victorian Legislation and Parliamentary Documents Part 9—Amendment of Parliamentary Officers Act 1975 Public Administration Act 2004 Act No. 108/2004 97 (a) the department of the Parliamentary Library (including the office of department head of the department of the Parliamentary Library); or (b) the department of the Victorian Parliamentary Debates— must, on that commencement, be taken to hold or to be in the process of being appointed to, an office in the department of Parliamentary Services on the same terms and conditions, and with the same classification and accrued and accruing entitlements, as applied to the person, or the office to which the person was in the process of being appointed, immediately before that commencement. (2) Any process to fill a vacancy in an office in the department of the Parliamentary Library or the department of the Victorian Parliamentary Debates begun under this Act before the commencement of Part 9 of the Public Administration Act 2004 but not completed at that commencement may be continued and completed in accordance with this Act as amended by that Part. (3) Section 14 as in force immediately before the commencement of Part 9 of the Public Administration Act 2004 continues to apply with respect to any charges made before that commencement. (4) Sections 14 (as in force immediately before the commencement of Part 9 of the Public Administration Act 2004), 15, 16 and 16A continue to apply with respect to any officer employed on that commencement under Part 2 in the department of Parliamentary Services who was a department head s. 127 -- 103 of 190 -- Victorian Legislation and Parliamentary Documents Part 9—Amendment of Parliamentary Officers Act 1975 Public Administration Act 2004 Act No. 108/2004 98 immediately before that commencement and this Act has effect in relation to that officer accordingly.". __________________ s. 127 -- 104 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 99 SCHEDULES SCHEDULE 1 Section 115 PRIVILEGES OF FORMER MEMBERS OF PARLIAMENT AND UNSUCCESSFUL PARLIAMENTARY CANDIDATES 1. Definitions In this Schedule— "Parliament" means— (a) the Parliament of Victoria; or (b) the Parliament of the Commonwealth of Australia; "police force" includes the officers and other members of the police force of Victoria; "public service" includes as well as employees in the public service— (a) permanent and temporary medical officers employed under the Mental Health Act 1986 or the Intellectually Disabled Persons' Services Act 1986; (b) any employee within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986; (c) any officer within the meaning of the State Superannuation Act 1988 not otherwise included within the definitions of "public service" or "teaching service"; "teaching service" includes, as well as officers and employees in the teaching service, any person who is certified by the Secretary to the Department of Education and Training to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the Consolidated Fund. Sch. 1 -- 105 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 100 2. Privileges of former members of Parliament (1) A member of the public service, the teaching service or the police force who— (a) was before the commencement of section 10 of the Parliamentary Superannuation Legislation (Reform) Act 2004 elected a member of Parliament; and (b) ceases to be a member of Parliament at any time after the commencement of this Schedule without being entitled to a pension under the Parliamentary Salaries and Superannuation Act 1968 or the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth or any similar Act— is entitled, on application in writing to the proper authority within 3 months after so ceasing to be a member of Parliament, to reinstatement in the public service, the teaching service or the police force (as the case requires) subject to the provisions in relation to classification, superannuation, sick leave and long service leave specified in sub-clause (3). (2) A member of the public service, the teaching service or the police force who— (a) is on or after the commencement of section 10 of the Parliamentary Superannuation Legislation (Reform) Act 2004 elected a member of Parliament; and (b) ceases to be a member of Parliament within 5 years of that commencement without being entitled to a pension under the Parliamentary Salaries and Superannuation Act 1968 or the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth or any similar Act— is entitled, on application in writing to the proper authority within 3 months after so ceasing to be a member of Parliament, to reinstatement in the public service, the teaching service or the police force subject to the provisions in relation to classification, superannuation, sick leave and long service leave specified in sub-clause (3). Sch. 1 -- 106 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 101 (3) The provisions are— (a) he or she must be re-employed in the public service, the teaching service or the police force in a classification, grade or office not inferior to that in which he or she was employed when he or she ceased to be employed in the public service, teaching service or police force by reason of his or her election as a member of Parliament; (b) if immediately before he or she so ceased to be employed in the public service or the teaching service, he or she was a contributor under the State Superannuation Act 1988, he or she becomes a contributor under that Act if, on being re-employed in the public service or the teaching service, he or she pays into the State Superannuation Fund under that Act an amount equal to— (i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and (ii) an additional amount equal to the contributions he or she would have been required to make under the State Superannuation Act 1988 if he or she had remained in the public service or the teaching service during the period from so ceasing to be employed until re-employment in that service— and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the State Superannuation Act 1988 as if he or she had continued to be a contributor under that Act during that period; (c) if immediately before he or she so ceased to be a member of the police force rateable deductions were being made under the Police Regulation Act 1958, on becoming a member of the police force again he or she becomes entitled to the same rights in respect of a pension as he or she would have had if he or she had not ceased to be a member of the police force if he or she pays into the Police Pensions Fund under that Act an amount equal to— (i) the sum paid to him or her out of the Police Pensions Fund when he or she so ceased to be a member; and Sch. 1 -- 107 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 102 (ii) an additional amount equal to the deductions that would have been made under that Act if he or she had remained a member of the police force during the period that he or she was not a member— and on payment of that amount into the Police Pension Fund he or she is to be treated for the purposes of entitlement to a pension under the Police Regulation Act 1958 as if he or she had continued to be a member of the police force during that period; (d) if immediately before he or she so ceased to be employed in the public service or the teaching service, he or she was a contributor under the State Employees Retirement Benefits Act 1979, he or she becomes a contributor under that Act if, on being re-employed in the public service or the teaching service, he or she pays into the State Superannuation Fund under that Act an amount equal to— (i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and (ii) an additional amount equal to the contributions he or she would have been required to make under the State Employees Retirement Benefits Act 1979 if he or she had remained in the public service or the teaching service during the period from so ceasing to be employed until re-employment in that service— and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the State Employees Retirement Benefits Act 1979 as if he or she had continued to be a contributor under that Act during that period; (e) if immediately before he or she so ceased to be employed in the public service he or she was a contributor under the Emergency Services Superannuation Act 1986, he or she becomes a contributor under that Act if, on being re-employed in the public service, he or she pays into the Scheme under that Act an amount equal to— (i) the sum paid to him or her out of that Scheme when he or she so ceased to be employed; and Sch. 1 -- 108 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 103 (ii) an additional amount equal to the contributions he or she would have been required to make under the Emergency Services Superannuation Act 1986 if he or she had remained in the public service during the period from so ceasing to be employed until re-employment in the public service— and on payment of that amount into the Fund he or she is to be treated for the purposes of the Emergency Services Superannuation Act 1986 as if he or she had continued to be a contributor under that Act during that period; (f) if immediately before he or she so ceased to be employed in the public service, he or she was a member under the Transport Superannuation Act 1988, he or she becomes a member under that Act if, on being re-employed in the public service, he or she pays into the State Superannuation Fund under that Act an amount equal to— (i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and (ii) an additional amount equal to the contributions he or she would have been required to make under the Transport Superannuation Act 1988 if he or she had remained in the public service during the period from so ceasing to be employed until re-employment in the public service— and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the Transport Superannuation Act 1988 as if he or she had continued to be a member under that Act during that period; (g) upon re-employment in the public service, teaching service or police force he or she is to be credited with the amount of sick leave to which he or she was entitled on so ceasing to be employed; (h) upon re-employment in the public service, teaching service or police force, a period from his or her ceasing to be employed in the public service, teaching service or police force until re-employment in the public service, teaching service or police force— Sch. 1 -- 109 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 104 (i) is to be regarded for the purposes of any long service leave as continuous with service in the public service, teaching service or the police force; (ii) is not in the computation of the period of long service leave to be counted as service with the public service or teaching service or in the police force. (4) The provisions of this clause apply to and in relation to any person who— (a) before 24 March 1982 was a member of the teaching service within the meaning of section 3 of the Teaching Service Act 1958; or (b) before the commencement of section 19 of the Teaching Service Act 1983— (i) was a member of the education service under the Education Service Act 1981; or (ii) was certified by the Secretary to the Department of Education to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the Consolidated Fund— as if that person was a member of the teaching service as defined in clause 1. (5) For the purposes of this clause, if after the commencement of section 9 of the Constitution (Parliamentary Reform) Act 2003, a person becomes a member as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Legislative Council the person is taken to be elected a member of Parliament on the day that the person is chosen to fill the casual vacancy. 3. Return to employment of certain unsuccessful candidates (1) If the Governor in Council is satisfied that any person employed in the public service, the teaching service or the police force has (whether before or after the commencement of this Schedule)— (a) resigned from the service or the force in order to contest any Commonwealth election for the Senate or the House of Representatives; and Sch. 1 -- 110 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 105 (b) contested that election; and (c) failed to be elected at that election— the Governor in Council, despite anything in this Act, the Teaching Service Act 1981 or the Police Regulation Act 1958, may, within two months after the declaration of the poll at that election, by Order published in the Government Gazette re-employ that person in the public service, the teaching service or the police force (as the case requires) at the same classification as he had immediately before his resignation. (2) If immediately before his or her resignation a person referred to in sub-clause (1) was an officer within the meaning of the State Superannuation Act 1988, he or she must be taken not to have ceased by reason of his or her resignation to be such an officer. (3) If immediately before his or her resignation a person referred to in sub-clause (1) was a person in respect of whom rateable deductions were being made under the Police Regulation Act 1958, he or she must be deemed not to have ceased by reason of his or her resignation to be such a person. (4) In sub-clause (1) a reference to the teaching service (where first occurring) includes a reference to the education service under the Education Service Act 1981. __________________ Sch. 1 -- 111 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 106 SCHEDULE 2 Section 116 SAVING AND TRANSITIONAL PROVISIONS 1. Definitions In this Schedule— "commencement day" means the day on which Part 3 of the new Act comes into operation; "former Act" means Public Sector Management and Employment Act 1998; "new Act" means Public Administration Act 2004. 2. General transitional provision (1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) If a provision of the former Act continues to apply by force of this Schedule, any other provision of the former Act necessary to give effect to that continued provision also continues to apply in relation to that provision. 3. Existing public service staff (1) A person employed under Part 3 of the former Act immediately before the commencement day, or who by force of the former Act or any other Act is taken to be so employed, must, on that day, be taken to be employed under Part 3 of the new Act, with the same classification, duties and remuneration, and subject to the same industrial award or agreement or contract of employment, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under the former Act immediately before that day. (2) A person employed under section 49 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Division 1 of Part 6 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her Sch. 2 -- 112 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 107 employment under section 49 of the former Act immediately before that day. (3) A person employed under section 50 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Division 2 of Part 6 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under section 50 of the former Act immediately before that day. (4) A person employed under Part 9 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Division 3 of Part 6 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under Part 9 of the former Act immediately before that day. (5) A person on probation under the former Act immediately before the commencement day continues on probation under the new Act for the balance of the probation period. (6) The repeal of the former Act does not prevent any of the terms and conditions of employment of a person holding an office or position or employed in the public service under the former Act, or employed under Part 8 or 9 of the former Act, immediately before the commencement day from being altered by or under any law, award or agreement with effect from any time after that day. (7) Except as otherwise provided by this Schedule, the new Act applies to a person who is taken by virtue of a provision of this clause to be employed under a Part, or Division of a Part, of the new Act in the same way as it applies to persons actually employed under that Part or Division. 4. Vacancies Any process to fill a vacancy begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act. Sch. 2 -- 113 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 108 5. Public service structure (1) Departments under the former Act with titles corresponding to the titles of Departments in an Order made under section 10 of the new Act and in force on the commencement day must be taken to be those Departments on the commencement day. (2) Administrative Offices under the former Act with titles corresponding to the titles of Administrative Offices in an Order made under section 11 of the new Act and in force on the commencement day must be taken to be those Administrative Offices on the commencement day. 6. Commissioner for Public Employment (1) On the commencement day the person holding office as Commissioner for Public Employment under Part 5 of the former Act goes out of office. (2) A Code of Conduct published by the Commissioner for Public Employment under section 37(1)(a) of the former Act and in force immediately before the commencement day continues to apply to any person or body to which it applied immediately before that day as if it were a code of conduct issued by the Public Sector Standards Commissioner under section 63(1) of the new Act until superseded by a code issued under that section of the new Act and applicable to that person or body. (3) Directions issued by the Commissioner for Public Employment under section 37(1)(b) of the former Act and in force immediately before the commencement day continue to apply to any person or body to which they applied immediately before that day as if they were standards issued by the Public Sector Standards Commissioner under section 66(2) of the new Act until superseded by standards issued under that section of the new Act. 7. Superseded references On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act or a provision of an Act amended by the new Act), or in any instrument made under any Act or in any other document of any kind— (a) a reference to, or a reference that by force of any Act must be read as a reference to, the Public Employment Minister must be read as a reference to the Premier; Sch. 2 -- 114 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 109 (b) a reference to, or a reference that by force of any Act must be read as a reference to, the Commissioner for Public Employment must be read as a reference to the State Services Authority; (c) a reference to the Public Service Act 1958, the Public Service Act 1974, the Public Sector Management Act 1992 or the former Act must be read as a reference to the new Act; (d) a reference to an Administrative Unit (except one specified in Schedule Three A to the Public Service Act 1974) must be read as a reference to a Department; (e) a reference to an Administrative Unit specified in Schedule Three A to the Public Service Act 1974 must be read as a reference to an office specified in section 16(1) of the new Act; (f) a reference to an Associated Administrative Unit must be read as a reference to an Administrative Office; (g) a reference to the Chief Administrator (of an Administrative Unit) must be read as a reference to a Department Head; (h) a reference to a Chief Administrator (of an Associated Administrative Unit) must be read as a reference to an Administrative Office Head; (i) a reference to a person performing the functions of a Department Head in relation to an Administrative Office must be read as a reference to an Administrative Office Head; (j) a reference to an Agency Head within the meaning of the former Act must be read as a reference to a public service body Head within the meaning of the new Act; (k) a reference to section 16 of the former Act must be read as a reference to section 16 of the new Act; (l) a reference to an authority within the meaning of section 47(1) of the former Act must be read as a reference to an authority within the meaning of section 104(1) of the new Act; Sch. 2 -- 115 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 110 (m) a reference to an office or position (in relation to the public service) must be read as a reference to employment under Part 3 of the new Act; (n) a reference to an officer, employee, fixed term employee, temporary employee, casual employee or cadet (in the public service) must be read as a reference to an employee under Part 3 of the new Act. 8. Re-employment in public sector The repeal of the Public Sector Reform (Miscellaneous Amendments) Act 1998 does not affect the continued application, by force of clause 8 of Schedule 2 to that Act, of a provision of Part 9 of the Public Sector Management Act 1992 to any person to whom it applied immediately before the commencement day within the meaning of that Schedule (whether by reason of a provision of the Public Sector Management Act 1992 or of any other Act) in respect of an office, position or employment held by that person immediately before that day as if it had not been repealed. 9. Personal grievances and discipline Any process, review or inquiry begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act. 10. Compulsory retirement Any action begun under section 34 of the former Act in relation to an employee but not completed at the commencement day may be continued and completed in accordance with that Act. 11. Leave The repeal of the Public Sector Reform (Miscellaneous Amendments) Act 1998 does not affect the continued application, by force of clause 11 of Schedule 2 to that Act, of Schedule 4 to the Public Sector Management Act 1992, as in force immediately before the commencement day within the meaning of that Schedule 2 to that Act, to officers of the Parliament as defined in the Parliamentary Officers Act 1975 as if references in that Schedule to the appropriate Department Head were references to the relevant authority as defined in that Act. Sch. 2 -- 116 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 111 12. Continuing application of repealed provision Clause 1(c) of Schedule 1 to the Employee Relations Act 1992 as continued in effect by the Workplace Relations Act 1996 of the Commonwealth applies in relation to employees, Ministerial officers, Parliamentary advisers and judicial employees as if any reference to an award were a reference to a provision referred to in clause 22(1) of Schedule 6 to the Public Sector Management Act 1992. __________________ Sch. 2 -- 117 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 112 SCHEDULE 3 Section 117(1) CONSEQUENTIAL AMENDMENTS 1. Accident Compensation Act 1985 1.1 In sections 26(3) and 27(3)(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 1.2 For section 29(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a Director in respect of the office of Director.". 1.3 In section 30(2)(b) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 1.4 For section 63(8) substitute— "(8) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 2. Administrative Arrangements Act 1983 2.1 In section 2(1)— (a) for the definition of "Agency corporation" substitute— ' "Agency corporation" means a body corporate established by an Act and constituted by the person who is for the time being the public service body Head within the meaning of the Public Administration Act 2004 of a public service body and the successors in office of that person;'; (b) in the definition of "Department", in paragraph (a) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; Sch. 3 -- 118 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 113 (c) for the definition of "officer" substitute— ' "officer" means— (a) an employee under Part 3 of the Public Administration Act 2004 or of a declared authority within the meaning of that Act; or (b) in relation to a declared authority within the meaning of that Act, a person or body specified in an Order under section 105(2)(b) of that Act to have the functions of a public service body Head within the meaning of that Act; or'. 2.2 In section 7(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 3. Adoption Act 1984 In section 4(1A) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 4. Adult, Community and Further Education Act 1991 In sections 20(7), 21(4)(b), 25(1) and 39(7) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 5. Agent-General's Act 1994 In section 5(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 6. Agricultural and Veterinary Chemicals (Control of Use) Act 1992 6.1 In section 4— (a) in sub-section (1), in the definition of "chief administrator", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; (b) in sub-section (6) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 119 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 114 6.2 In section 66(1)(c) for "public authority (within the meaning of section 5 of the Public Sector Management and Employment Act 1998)" substitute "public entity (within the meaning of section 5 of the Public Administration Act 2004)". 7. Agricultural and Veterinary Chemicals (Victoria) Act 1994 In section 28(1) for "an Agency within the meaning of the Public Sector Management and Employment Act 1998" substitute "a public service body within the meaning of the Public Administration Act 2004". 8. Agricultural Industry Development Act 1990 8.1 In section 3 in the definition of "Department Head", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 8.2 For section 23(3) substitute— "(3) If the members of a Committee are appointed by the Governor in Council, they are not as such subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 9. Alcoholics and Drug-dependent Persons Act 1968 In sections 3(2) and 6(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 10. Alpine Resorts (Management) Act 1997 10.1 For section 21(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 10.2 For section 42(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". Sch. 3 -- 120 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 115 11. Ambulance Services Act 1986 11.1 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 11.2 For section 22B(6)(d) substitute— "(d) is not, in respect of the office of delegate, subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 11.3 In section 38(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 12. Animals Legislation (Animal Welfare) Act 2003 12.1 In section 3(a) in the proposed definition of "Secretary" in section 3(1) of the Domestic (Feral and Nuisance) Animals Act 1994 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 12.2 In section 10 in the proposed new section 71A(1) of the Domestic (Feral and Nuisance) Animals Act 1994, for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 13. Appeal Costs Act 1998 13.1 For section 22(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 13.2 In section 31 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 14. Archaeological and Aboriginal Relics Preservation Act 1972 In section 8(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 15. Arts Victoria Act 1972 In sections 2(2) and 7 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 121 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 116 16. Associations Incorporation Act 1981 In section 38 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 17. Audit Act 1994 17.1 In section 3— (a) in the definition of "department", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". (b) for the definition of "Victorian Auditor-General's Office" substitute— ' "Victorian Auditor-General's Office" means the office in respect of which the Auditor-General has the functions of public service body Head under section 16 of the Public Administration Act 2004.'. 17.2 In sections 7(1), 7C(1)(b), 7E and 25(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 18. Australian Grands Prix Act 1994 For section 10(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of the Corporation in respect of the office of member.". 19. Births, Deaths and Marriages Registration Act 1996 In sections 5 and 7 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 20. Broiler Chicken Industry Act 1978 In section 2, in the definition of "Department Head", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 21. Building Act 1993 21.1 In sections 160(3)(c), 176(5)(a)(i) and 205(2)(a) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 122 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 117 21.2 For section 205(3) substitute— "(3) A person appointed or employed under sub- section (1) to whom sub-section (2)(b) or (c) applies is not subject to the Public Administration Act 2004 in respect of that employment.". 21.3 In section 221ZZO(3)(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 21.4 For clause 4 of Schedule 3 substitute— "4. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of a Board in respect of the office of member.". 22. Business Licensing Authority Act 1998 22.1 In sections 11, 15(1) and 16 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 22.2 For clause 1(3) of the Schedule substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 23. Business Names Act 1962 In section 4B for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 24. Cancer Act 1958 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 25. Casino Control Act 1991 In sections 128O(1)(b) and 128Q(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 123 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 118 26. Catchment and Land Protection Act 1994 26.1 For section 9B(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 26.2 In clause 4(2) of Schedule 1 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 26.3 For clause 6 of Schedule 1 substitute— "6. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of a body in respect of the office of member.". 27. Cemeteries and Crematoria Act 2003 27.1 In sections 3(2), 45(3)(b) and 160(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 27.2 In clause 1(4) of Schedule 1 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 28. Child Employment Act 2003 In section 38 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 29. Children and Young Persons Act 1989 29.1 In section 3(1)— (a) in paragraph (a) of the definition of "Children's Koori Court officer" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; (b) in the definition of "employee" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 124 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 119 29.2 In sections 3(2), 7(1A), 12(9), 16D(3)(b), 27(1)(a), 34(2), 34(5), 36(2), 37A(7), 64(1C)(h), 226(1), 226(3) and 271(6) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 29.3 For section 205(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 29.4 For section 216(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 30. Children's Services Act 1996 In sections 3(2) and 35(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 31. Chinatown Historic Precinct Act 1984 For section 6(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Committee in respect of the office of member.". 32. Chinese Medicine Registration Act 2000 32.1 In section 58(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 32.2 For section 70(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 32.3 In section 74(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 125 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 120 33. Chiropractors Registration Act 1996 33.1 In section 55(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 33.2 For section 64(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 33.3 In section 68(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 34. Coastal Management Act 1995 For clause 5 of the Schedule substitute— "5. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of a body in respect of the office of member.". 35. Commissioner for Environmental Sustainability Act 2003 35.1 In section 3— (a) in the definitions of "Administrative Office", "Administrative Office Head", "Department" and "Department Head", for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". (b) for the definition of "public authority" substitute— ' "public authority" has the same meaning as "public entity" has in section 5 of the Public Administration Act 2004;'. 35.2 For section 6(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to the Commissioner in respect of the office of Commissioner.". 35.3 In section 12(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 126 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 121 36. Commonwealth Games Arrangements Act 2001 36.1 For section 8(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of an Advisory Committee in respect of the office of member.". 36.2 In sections 25A(1), 28(1)(a), 28B and 52(1)(b)(ii) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 36.3 For clause 1(4) of Schedule 2 substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of the Board in respect of the office of director." 37. Community Services Act 1970 In sections 3(2) and 10(2A) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 38. Confiscation Act 1997 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 39. Conservation, Forests and Lands Act 1987 39.1 In section 3(1), in the definition of "Department Head", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 39.2 In sections 3(2), 6(1), 8, 11(1)(a) and 11(2)(a) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 39.3 For section 12(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of a council or committee in respect of the office of member." Sch. 3 -- 127 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 122 39.4 In section 67(3), in the definitions of "Administrative Office" and "Administrative Office Head", for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 40. Constitution Act 1975 In sections 61 and 95(3)(a) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 41. Control of Genetically Modified Crops Act 2004 In sections 13(1) and 25 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 42. Co-operative Housing Societies Act 1958 In section 62, for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 43. Co-operatives Act 1996 In sections 428 and 430 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 44. Coroners Act 1985 44.1 In section 3(1), in paragraph (a) of the definition of "government body", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 44.2 In section 9(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 44.3 For section 9(4) substitute— "(4) A coroner is not, in respect of the office of coroner, subject to the provisions of the Public Administration Act 2004 (except in accordance with Part 7 of that Act).". 44.4 In section 11(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 128 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 123 44.5 For section 69(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 44.6 In section 71(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 45. Corrections Act 1986 45.1 In section 3(1), in the definition of "Secretary", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 45.2 In sections 8(1)(a), 8(1)(ab), 8A(1), 9C(2)(b) and 9D(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 45.3 Insert the following heading to section 12— "Employment under the Public Administration Act". 45.4 In section 12(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 45.5 For section 63(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 45.6 For section 84K(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Committee in respect of the office of member.". 46. Country Fire Authority Act 1958 46.1 In section 3(1) in the definition of "administrative unit" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 46.2 For section 9A(1) substitute— "(1) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a person appointed as chairman of the Authority in respect of the office of chairman.". Sch. 3 -- 129 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 124 46.3 For section 9B(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a person appointed as deputy chairman of the Authority in respect of the office of deputy chairman.". 46.4 In section 30A(1)(c) for "Public Sector Management and Employment Act 1998 by the Agency Head" substitute "Public Administration Act 2004 by the Department Head". 46.5 For section 74F substitute— "74F. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a Commissioner in respect of the office of Commissioner.". 47. County Court Act 1958 In sections 17A(4)(b) and 18(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 48. Crimes Act 1958 In sections 506(2) and 507(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 49. Crimes (Family Violence) Act 1987 In section 8S for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 50. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 50.1 In section 61 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 50.2 In clause 1(1)(d) of Schedule 1 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 50.3 For clause 2(1)(e) of Schedule 1 substitute— "(e) is not in respect of the office of member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". Sch. 3 -- 130 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 125 51. Dairy Act 2000 51.1 For section 12(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 51.2 In section 18(5) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 52. Dandenong Development Board Act 2003 52.1 In section 3, in the definition of "Secretary", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 52.2 For section 11(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 52.3 In sections 18(3)(a) and 19(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 53. Dangerous Goods Act 1985 53.1 In sections 11(1A) and 14(2B)(a)(i) for "Natural Resources and Environment under the Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Primary Industries under the Public Administration Act 2004". 53.2 In section 34(b) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 54. Defence Reserves Re-Employment Act 1995 In section 12 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 55. Dental Practice Act 1999 55.1 In section 57(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 131 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 126 55.2 For section 57(5) substitute— "(5) The Governor in Council may fix fees and allowances by reference to any directions given by the State Services Authority under the Public Administration Act 2004.". 55.3 For section 71(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 55.4 In section 75(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 55.5 For section 75(3) substitute— "(3) The Governor in Council may fix fees and allowances by reference to any directions given by the State Services Authority under the Public Administration Act 2004.". 55.6 In section 84(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 55.7 For section 84(3) substitute— "(3) The Governor in Council may fix fees and allowances by reference to any directions given by the State Services Authority under the Public Administration Act 2004.". 56. Disability Services Act 1991 In section 6 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 57. Docklands Act 1991 For section 42(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of an advisory committee in respect of the office of member.". Sch. 3 -- 132 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 127 58. Domestic Building Contracts Act 1995 In section 43C(2), in paragraph (a) of the definition of "domestic building dispute conciliator", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 59. Domestic (Feral and Nuisance) Animals Act 1994 59.1 In section 3(1), in the definition of "Secretary", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 59.2 In sections 3(2), 6, 71 and 71A(1), for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 59.3 For section 98G(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to any member of the pool or a panel in respect of the office of member.". 60. Drugs, Poisons and Controlled Substances Act 1981 60.1 For section 15A(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of the Committee in respect of the office of member.". 60.2 In sections 18 and 69E (1)(a), for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 61. Education Act 1958 61.1 In sections 3(1A) and 5(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 61.2 In section 9(1), in paragraph (a) of the definition of "relevant person", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 133 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 128 62. Electoral Act 2002 62.1 In sections 12(5), 13(5) and 17(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 62.2 For section 26(4)(a) substitute— "(a) a public service body Head within the meaning of the Public Administration Act 2004; or". 62.3 In section 177C(4)(f) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 63. Electricity Industry (Residual Provisions) Act 1993 63.1 In sections 48(5) and 49A(4) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 63.2 For clause 4(2) of Schedule 1 substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of an electricity corporation in respect of the office of director.". 64. Electricity Safety Act 1998 For section 13(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to the chief electrical inspector in respect of the office of chief electrical inspector.". 65. Emergency Management Act 1986 65.1 In section 4(1), in the definition of "Commissioner", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 65.2 In section 21B for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 66. Emergency Services Telecommunications Authority Act 2004 For section 9(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". Sch. 3 -- 134 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 129 67. Environment Effects Act 1978 In section 2(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 68. Environment Protection Act 1970 68.1 In section 6(6)(b)(ii) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 68.2 For section 7(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to the person appointed as Chairman or as Deputy Chairman in respect of those offices.". 68.3 For section 10(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 68.4 In section 13(1)(h)(i) for "Office of Public Employment" substitute "State Services Authority". 68.5 In section 14(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 68.6 In section 14(2) for "Public Sector Management Act 1992" substitute "Public Administration Act 2004". 68.7 For section 49E(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 68.8 For section 50G(3)(b) substitute— "(b) a public entity for the purposes of the Public Administration Act 2004.". 69. Equal Opportunity Act 1995 69.1 In section 4(1)— (a) in paragraph (b) of the definition of "employee" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; Sch. 3 -- 135 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 130 (b) in paragraph (b) of the definition of "employment" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 69.2 In section 84(a) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 69.3 For section 164(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to an appointed member of the Commission in respect of the appointment.". 69.4 In section 172A for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 69.5 For section 174(3) substitute— "(3) The Public Administration Act 2004 (except in accordance with Part 7 of that Act) does not apply to the Chief Conciliator in respect of the appointment.". 70. Essential Services Commission Act 2001 70.1 For section 18(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to the Chairperson in respect of his or her office as a Commissioner.". 70.2 For section 21(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to an additional Commissioner in respect of his or her office as a Commissioner.". 70.3 In section 24(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 71. Estate Agents Act 1980 71.1 In section 4(1) in the definition of "Secretary", for "Public Sector Management Act 1992" substitute "Public Administration Act 2004". Sch. 3 -- 136 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 131 71.2 For section 6(4)(c) substitute— "(c) is not in respect of the office of the member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 71.3 In section 11(1)(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 72. Evidence Act 1958 In sections 107A(1)(y) and 123C(1)(gb), for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 73. Extractive Industries Development Act 1995 73.1 In section 3(1) in the definition of "Department Head", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 73.2 In sections 3(2) and 41(1), for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 74. Fair Trading Act 1999 74.1 In section 3 in the definition of "Director" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 74.2 In sections 56(c), 98, 99, 101, 104(4) and 114 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 75. Federal Awards (Uniform System) Act 2003 In sections 15 and 41(1)(c) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 76. Film Act 2001 For clause 2(7) of the Schedule substitute— "(7) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". Sch. 3 -- 137 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 132 77. Financial Management Act 1994 77.1 In section 3 in paragraph (a) of the definition of "department" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 77.2 In section 45(4) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 77.3 For section 54D(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 77.4 In section 54E(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 78. Firearms Act 1996 78.1 In section 3(1)— (a) in the definition of "Department" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; (b) in the definition of "Department Head" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 78.2 For section 156(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 78.3 In section 160(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 79. Fisheries Act 1995 79.1 For section 132(8) substitute— "(8) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". Sch. 3 -- 138 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 133 79.2 For section 135(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 79.3 For section 184(8) substitute— "(8) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 79.4 For section 185(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a deputy in respect of the office of deputy.". 79.5 For section 190(8) substitute— "(8) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 79.6 For section 191(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a deputy in respect of the office of deputy.". 79.7 For clause 5 of Schedule 1 substitute— "5. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of a body in respect of the office of member.". 80. Flora and Fauna Guarantee Act 1988 80.1 In section 3(1) for the definition of "Department" substitute— ' "Department" means the Department of Sustainability and Environment;'. Sch. 3 -- 139 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 134 80.2 In section 3(3) for "Public Sector Management and Employment Act 1998 the name of the Department of Natural Resources and Environment" substitute "Public Administration Act 2004 the name of the Department of Sustainability and Environment". 80.3 For section 8(9) substitute— "(9) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Committee in respect of the office of member.". 81. Food Act 1984 81.1 In section 4(1A) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 81.2 For section 60D(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 82. Forestry Rights Act 1996 In section 3(1), for the definition of "Department Head" substitute— ' "Department Head" means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Sustainability and Environment;'. 83. Forests Act 1958 In section 27A(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 84. Freedom of Information Act 1982 In section 5(1)— (a) in the definition of "department" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; (b) in paragraph (a) of the definition of "officer", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; Sch. 3 -- 140 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 135 (c) in paragraph (a) of the definition of "principal officer", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 85. Fuel Prices Regulation Act 1981 In section 3(4)(a) for "No person so appointed shall in respect of his office be subject to the provisions of the Public Sector Management and Employment Act 1998" substitute "The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a person so appointed in respect of his or her office". 86. Gambling Regulation Act 2003 86.1 For section 10.1.6(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a commissioner in respect of the office of commissioner.". 86.2 In section 10.1.25(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 86.3 For section 10.2.4(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 86.4 In section 10.5.1(1), for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 87. Gas Industry Act 2001 For section 167(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of VENCorp in respect of the office of director.". 88. Gas Safety Act 1997 For section 16(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to the Director in respect of the office of Director.". Sch. 3 -- 141 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 136 89. Geelong Performing Arts Centre Trust Act 1980 In section 14(4) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 90. Gene Technology Act 2001 90.1 In section 10(1), in the definition of "State agency" for paragraph (c) substitute— "(c) a public service body within the meaning of the Public Administration Act 2004;". 90.2 In sections 29(1)(a) and 150(1)(a) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 91. Government Superannuation Act 1999 91.1 For section 10(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a Director in respect of the office of Director.". 91.2 In sections 21(2) and 22 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 92. Guardianship and Administration Act 1986 92.1 In section 17(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 92.2 For clause 1(1)(d) of Schedule 3 substitute— "(d) is not in respect of the office of Public Advocate subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 92.3 For clause 1(1)(d) of Schedule 3 substitute— "(d) is not in respect of the office of Acting Public Advocate subject to the Public Administration Act 2004 (other than Part 5 of that Act).". Sch. 3 -- 142 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 137 93. Health Act 1958 93.1 In sections 3(2), 6(1) and 6(3) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 93.2 For section 162C(3)(d) substitute— "(d) is not in respect of the office of member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 94. Health (Fluoridation) Act 1973 In section 2(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 95. Health Records Act 2001 In section 3(1), for the definition of "public sector agency" substitute— ' "public sector agency" means a public service body or public entity within the meaning of the Public Administration Act 2004;'. 96. Health Services Act 1988 96.1 In sections 3(2) and 18B(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 96.2 For section 33(11) substitute— "(11) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of a board in respect of the office of member.". 96.3 For section 40C(6)(d) substitute— "(d) is not in respect of the office of delegate subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 96.4 For section 46(5) substitute— "(5) The Public Administration Act 2004 does not apply to a member of a board in respect of the office of member.". 96.5 In section 63B(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 143 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 138 96.6 For section 65T(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of a board of a public health service in respect of the office of director.". 96.7 For section 65ZAA(6)(d) substitute— "(d) is not in respect of the office of delegate subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 96.8 For section 115E(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of a board in respect of the office of member.". 96.9 In section 124(1)(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 96.10 For section 134D(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 96.11 In section 134E(3)(b) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 97. Health Services (Conciliation and Review) Act 1987 97.1 In section 3(4) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 97.2 For section 7(6) substitute— "(6) This section does not affect the operation of section 110 of the Public Administration Act 2004 or any corresponding previous enactment.". 97.3 For section 7A substitute— "7A. Application of Public Administration Act 2004 The Commissioner is, in respect of that office, not subject to the Public Administration Act 2004.". Sch. 3 -- 144 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 139 98. Heritage Act 1995 98.1 In sections 14(1) and 17 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 98.2 For clause 2(4) of Schedule 1 substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 99. House Contracts Guarantee Act 1987 99.1 In section 3(1) in the definition of "chief administrator" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 99.2 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 100. Housing Act 1983 100.1 For section 8(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of an advisory committee in respect of the office of member.". 100.2 For section 9(1)(a)(ii) substitute— "(ii) shall not in respect of that office be subject to the Public Administration Act 2004 (other than Part 5 of that Act);". 100.3 In section 9(1)(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 101. Human Services (Complex Needs) Act 2003 101.1 In section 3(1) in the definition of "Secretary" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 101.2 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 145 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 140 101.3 For section 8(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to an appointed member or an alternate Chairperson in respect of the office of member.". 102. Infertility Treatment Act 1995 102.1 In sections 3(3) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 102.2 For section 124(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 102.3 In section 128(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 103. Information Privacy Act 2000 103.1 In section 3 for the definition of "public sector agency" substitute— ' "public sector agency" means a public service body or a public entity within the meaning of the Public Administration Act 2004;'. 103.2 In sections 52(5) and 57(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 104. Intellectually Disabled Persons' Services Act 1986 104.1 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 104.2 For section 13(4)(d) substitute— "(d) are not in respect of the office of member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 104.3 In sections 29(1), 30(6), 67(1) and 67(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 146 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 141 104.4 For clause 1(e) of Schedule 1 substitute— "(e) is not in respect of the office of President subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 104.5 For clause 2(1)(e) of Schedule 1 substitute— "(e) is not in respect of the office of member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 104.6 In clauses 1(3)(b) and 1(3)(c) of Schedule 2 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 104.7 In 1(1)(d) of Schedule 3 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 105. Introduction Agents Act 1997 In section 41A for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 106. Judicial College of Victoria Act 2001 106.1 For section 9(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director in respect of the office of director.". 106.2 In sections 16(1) and 16(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 107. Judicial Remuneration Tribunal Act 1995 107.1 In section 4(3)(b) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 107.2 Section 4(4) is repealed. 107.3 For section 6(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". Sch. 3 -- 147 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 142 107.4 In section 12(1A)(e)(iii) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 108. Juries Act 2000 108.1 In section 60 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 108.2 In clause 1(f) of Schedule 2 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 109. Kew and Heidelberg Lands Act 1933 For section 6A(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a trustee in respect of the office of trustee.". 110. Labour and Industry Act 1958 110.1 In section 3(1) for the definition of "Department" substitute— ' "Department" means the Department of Innovation, Industry and Regional Development;'. 110.2 In section 3(1) in the definition of "Government department" for "Department of State and Regional Development" substitute "Department of Innovation, Industry and Regional Development". 110.3 In section 3(1) for the definition of "Secretary" substitute— ' "Secretary" means the Department Head of the Department;'. 110.4 In section 3(1A)— (a) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004"; (b) for "Department of State and Regional Development" substitute "Department of Innovation, Industry and Regional Development". 110.5 Sections 8 and 11 are repealed. Sch. 3 -- 148 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 143 110.6 In section 15(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 111. Legal Aid Act 1978 111.1 For sections 12B(2) and 12B(3) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of VLA (other than the managing director) in respect of the office of director. (3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to the managing director in respect of the office of managing director.". 111.2 For section 12F(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to the acting managing director in respect of the office of acting managing director.". 111.3 For section 18(4) substitute— "(4) The Public Administration Act 2004 (except in accordance with Part 7 of that Act) does not apply to a panel member in respect of the office of panel member.". 112. Legal Practice Act 1996 112.1 For section 237(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a person appointed under this section.". 112.2 In section 238(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 112.3 For section 331(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 112.4 In section 335(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 149 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 144 112.5 For section 338(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 112.6 In section 345(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 112.7 For section 349(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Board in respect of the office of member.". 112.8 For section 393(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Tribunal.". 112.9 In sections 405, 420(4) and 425(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 112.10 For section 416(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a conciliator in respect of the office of conciliator.". 113. Legal Profession Act 2004 113.1 For section 6.2.5(2) substitute— "(2) The Public Administration Act 2004 does not apply to a member of the Board in respect of the office of member.". 113.2 For the Note at the foot of section 6.3.3(1) substitute— "Note: The Commissioner also has the function of public service body Head of the Office of the Legal Services Commissioner—see section 16 of the Public Administration Act 2004.". 113.3 In sections 6.3.5(4), 6.3.6(5), 6.4.1 and 6.4.3(4) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 150 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 145 113.4 For section 6.5.3(1) substitute— "(1) The Public Administration Act 2004 does not apply to a member of the Council in respect of the office of member.". 113.5 In section 6.5.6(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 113.6 For section 6.5.11(1) substitute— "(1) The Public Administration Act 2004 does not apply to a member of the Board of Examiners in respect of the office of member.". 113.7 In section 6.5.17(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 113.8 For section 6.6.4(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Liability Committee in respect of the office of member.". 113.9 In section 6.6.6(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 114. Libraries Act 1988 For section 23(7) substitute— "(7) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Board in respect of the office of member.". 115. Liquor Control Reform Act 1998 115.1 In sections 5(6), 10(4)(c), 129(7)(b), 133(7)(a) and 155 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 115.2 For section 150(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to the Director in respect of the office of Director.". Sch. 3 -- 151 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 146 115.3 For section 158(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of the Panel in respect of the office of member.". 116. Livestock Disease Control Act 1994 116.1 In sections 3(2), 60(a) and 108(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 116.2 For clause 5 of Schedule 1 substitute— "5. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of a Committee in respect of the office of member.". 117. Local Government Act 1989 117.1 In sections 209(2)(d), 223A(3) and 223A(4) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 117.2 In clause 2(1)(c) of Schedule 4 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 118. Magistrates' Court Act 1989 118.1 In section 3(1) in paragraph (a) of the definition of "Koori Court officer" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 118.2 In sections 3(2), 17(1), 17(1A) and 17(1B) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 118.3 For section 136A substitute— "136A. Court registrars etc. may be directed to act anywhere Despite anything to the contrary in any Act, an appointment as— (a) a registrar or bailiff of the Magistrates' Court; or Sch. 3 -- 152 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 147 (b) a registrar or deputy registrar of the Children's Court— authorises that person to act as such anywhere in Victoria as directed by the Minister responsible for the public service body (within the meaning of the Public Administration Act 2004) or the appropriate public service body agency Head (within the meaning of that Act).". 119. Magistrates' Court (Family Violence) Act 2004 In section 14, in proposed new section 8S of the Crimes (Family Violence) Act 1987, for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 120. Major Crime (Investigative Powers) Act 2004 In section 23(3) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 121. Major Crime (Special Investigations Monitor) Act 2004 In sections 7(3) and 13 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 122. Major Events (Crowd Management) Act 2003 122.1 In section 3(1) in the definition of "Secretary" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 122.2 In sections 3(2) and 27(a) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 123. Marine Act 1988 In section 63 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 124. Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 In section 11(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 153 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 148 125. Meat Industry Act 1993 125.1 In section 3(1A) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 125.2 For section 49(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5) does not apply to a member of the Authority in respect of the office of member.". 125.3 In sections 51(2) and 55(4) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 126. Medical Practice Act 1994 126.1 In section 3(1) in paragraph (b) of the definition of "Secretary" for "Public Sector Management and Employment Act 1998, to" substitute "Public Administration Act 2004, of". 126.2 In sections 3(2) and 59(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 126.3 For section 68(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 126.4 In section 72(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 127. Melbourne and Olympic Parks Act 1985 127.1 For section 10(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 127.2 In section 14(1)(b) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 154 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 149 128. Melbourne City Link Act 1995 In section 102(1)(b) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 129. Melbourne Convention and Exhibition Trust Act 1996 For section 9(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 130. Melbourne Market Authority Act 1977 For section 10(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 131. Melbourne Water Corporation Act 1992 For section 16(2)(b) substitute— "(b) the Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member;". 132. Mental Health Act 1986 132.1 In sections 3(2), 23(1), 97(1), 97(2) and 105(5) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 132.2 For section 117F(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 132.3 For clause 1(e) of Schedule 1 substitute— "(e) is not in respect of the office of President subject to the Public Administration Act 2004 (other than Part 5 of that Act).". Sch. 3 -- 155 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 150 132.4 For clause 2(1)(e) of Schedule 1 substitute— "(e) is not in respect of the office of member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 132.5 For clause 4(1)(d) of Schedule 3 substitute— "(d) is not in respect of the office of member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 132.6 For clause 4(3)(c) of Schedule 3 substitute— "(c) is not in respect of the office of alternate member subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 132.7 In clause 1(1)(d) of Schedule 5 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 133. Metropolitan Fire Brigades Act 1958 133.1 For section 12 substitute— "12. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Board in respect of the office of member.". 133.2 For section 79E substitute— "79E. Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a Commissioner in respect of the office of Commissioner.". 134. Mineral Resources Development Act 1990 134.1 In section 4(1) in the definition of "Department Head" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 134.2 In sections 4(2) and 51(5) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 134.3 For section 51(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". Sch. 3 -- 156 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 151 134.4 In section 90(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 134.5 For section 96(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a mining warden in respect of the office of mining warden.". 135. Mitcham-Frankston Project Act 2004 In section 3(1) in the definition of "Department Head" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 136. Motor Car Traders Act 1986 136.1 For section 58(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Committee in respect of the office of member.". 136.2 In sections 62 and 89A(d) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 137. Multicultural Victoria Act 2004 137.1 In section 3 in the definitions of "Department" and "Department Head" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 137.2 In section 11(5)(a) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004 (other than Part 5 of that Act)". 138. Murray-Darling Basin Act 1993 In section 6(4), for "Public Sector Management Act 1992" substitute "Public Administration Act 2004". 139. Museums Act 1983 139.1 For section 11(11) substitute— "(11) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Board in respect of the office of member.". 139.2 In section 26(5) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 157 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 152 140. National Gallery of Victoria Act 1966 For section 6(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Council in respect of the office of member.". 141. Non-Emergency Patient Transport Act 2003 In section 3 in the definition of "Secretary" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 142. Nurses Act 1993 142.1 In section 3(1) in paragraph (b) of the definition of "Secretary" for "Public Sector Management and Employment Act 1998, to" substitute "Public Administration Act 2004, of". 142.2 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 142.3 For section 68(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Board in respect of the office of member.". 142.4 In section 77(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 143. Occupational Health and Safety Act 1985 In section 38(1A) for "Department of Natural Resources and Environment under the Public Sector Management and Employment Act 1998" substitute "Department of Primary Industries under the Public Administration Act 2004". 144. Ombudsman Act 1973 144.1 In section 2, in the definition of "Government Department", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 144.2 In section 2, in paragraph (a) of the definition of "principal officer", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 158 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 153 144.3 In section 7 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 144.4 Insert the following heading to section 8— "Application of Public Administration Act 2004". 144.5 In section 8(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 145. Optometrists Registration Act 1996 145.1 In section 57(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 145.2 For section 68(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 145.3 In section 72(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 146. Osteopaths Registration Act 1996 146.1 In section 55(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 146.2 For section 64(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 146.3 In section 68(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 147. Outworkers (Improved Protection) Act 2003 147.1 In sections 31 and 55(1)(a)(iii) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 147.2 In clause 2(1) of the Schedule for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 159 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 154 147.3 For clause 5(1) of the Schedule substitute— "(1) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 148. Parliamentary Committees Act 2003 In section 30(2)— (a) for "Public Employment Minister within the meaning of the Public Sector Management and Employment Act 1998" substitute "Premier"; (b) for "that Act" substitute "the Public Administration Act 2004". 149. Parliamentary Officers Act 1975 149.1 In section 4(3) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 149.2 In section 10(1) for "Commissioner for Public Employment" substitute "State Services Authority". 149.3 In section 26(3) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 150. Parole Orders (Transfer) Act 1983 In section 4 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 151. Partnership Act 1958 In section 127 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 152. Pharmacy Practice Act 2004 152.1 In section 3(1), in paragraph (b) of the definition of "Secretary", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 152.2 In sections 3(2) and 85(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 160 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 155 152.3 For section 107(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 152.4 In section 111(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 153. Physiotherapists Registration Act 1998 153.1 In section 54(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 153.2 In section 54(5) "Commissioner of Public Employment under the Public Sector Management and Employment Act 1998" substitute "State Services Authority under the Public Administration Act 2004". 153.3 For section 63(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 153.4 In section 67(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 153.5 In section 67(3) for "Commissioner of Public Employment under the Public Sector Management and Employment Act 1998" substitute "State Services Authority under the Public Administration Act 2004". 154. Pipelines Act 1967 In section 39(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 155. Planning and Environment Act 1987 155.1 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 161 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 156 155.2 For section 151(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of a committee in respect of the office of member.". 156. Plant Health and Plant Products Act 1995 In sections 3(1A), 51(1)(a) and 71D for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 157. Podiatrists Registration Act 1997 157.1 In section 55(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 157.2 For section 64(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 157.3 In section 68(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 158. Police Regulation Act 1958 158.1 In section 6A(1)(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 158.2 In section 46B(2) in paragraph (a) of the definition of "employed in the service of the Crown" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 158.3 In sections 74 and 82(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 158.4 In section 86VA(1)— (a) for paragraph (b) of the definition of "chief executive" substitute— "(b) in relation to a public service body within the meaning of the Public Administration Act 2004—the public service body Head within the meaning of that Act; or"; Sch. 3 -- 162 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 157 (b) for paragraph (b) of the definition of "public authority" substitute— "(b) a public service body within the meaning of the Public Administration Act 2004; or". 158.5 For section 89(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 158.6 In section 102A(5) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 158.7 For the Note at the foot of section 102A(5) substitute— "Note: Section 16 of the Public Administration Act 2004 provides that the Director has the powers of a public service body Head under that Act in relation to employees in the Office of Police Integrity.". 158.8 In sections 102E(1)(a) and 102E(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 159. Port Services Act 1995 For clause 3(2) of Schedule 1 substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of a port corporation in respect of the office of director.". 160. Prevention of Cruelty to Animals Act 1986 160.1 In section 3(1) in the definition of "Department Head" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 160.2 In section 3(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 161. Private Security Act 2004 In section 171(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 163 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 158 162. Professional Standards Act 2003 For clause 7(1) of Schedule 2 substitute— "(1) The Public Administration Act 2004 does not apply to a member in respect of the office of member.". 163. Project Development and Construction Management Act 1994 163.1 In section 3(1), in paragraph (a) of the definition of "department", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 163.2 In sections 3(2), 35(1) and 40 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 164. Property Law Act 1958 In section 5(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 165. Prostitution Control Act 1994 165.1 In sections 27(d) and 61F(4)(a) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 165.2 For section 67(10) substitute— "(10) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 165.3 In section 87(1)(c) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 166. Psychologists Registration Act 2000 166.1 In section 58(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 166.2 In section 58(5) for "Commissioner of Public Employment under the Public Sector Management and Employment Act 1998" substitute "State Services Authority under the Public Administration Act 2004". Sch. 3 -- 164 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 159 166.3 For section 70(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 166.4 In section 74(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 166.5 In section 74(3) for "Commissioner of Public Employment under the Public Sector Management and Employment Act 1998" substitute "State Services Authority under the Public Administration Act 2004". 167. Public Prosecutions Act 1994 167.1 In sections 9(5), 15(3), 19(5) and 32(7) for "section 47(1) of the Public Sector Management and Employment Act 1998" (wherever occurring) substitute "section 104(1) of the Public Administration Act 2004". 167.2 In section 36B(5) for "section 89(1) of the Public Sector Management Act 1992" substitute "section 104(1) of the Public Administration Act 2004". 167.3 In sections 37(2) and 40(3) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 168. Public Records Act 1973 In section 6(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 169. Public Sector (Union Fees) Act 1992 In section 3, in paragraph (b) of the definition of "public sector employer", for "section 47 of the Public Sector Management and Employment Act 1998" substitute "section 104 of the Public Administration Act 2004". 170. Queen Victoria Women's Centre Act 1994 For section 8(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of the Trust in respect of the office of member.". Sch. 3 -- 165 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 160 171. Racing Act 1958 171.1 In section 43(5) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 171.2 For section 83H(1)(f) substitute— "(f) shall not in respect of that office be subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 171.3 For section 83I(2)(f) substitute— "(f) shall not in respect of that office be subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 171.4 In section 83J(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 172. Rail Corporations Act 1996 172.1 In section 103(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 172.2 For clause 3(2) of Schedule 1 substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of a rail corporation in respect of the office of director.". 173. Regional Development Victoria Act 2002 173.1 In section 3, for the definition of "agency" substitute— ' "agency" means public service body within the meaning of the Public Administration Act 2004;'. 173.2 In section 4(2)(b) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 173.3 For section 5(3)(a) substitute— "(a) request assistance or information from any public entity within the meaning of the Public Administration Act 2004;". 173.4 In section 8 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 166 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 161 174. Residential Tenancies Act 1997 In sections 499(1)(e) and 508(1)(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 175. Road Management Act 2004 In section 71(2)(a) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 176. Road Safety Act 1986 In section 13(6)(ab) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 177. Royal Botanic Gardens Act 1991 177.1 For section 49 substitute— "49. Staff not subject to Public Administration Act 2004 A person appointed or employed under this Part is not, in respect of that appointment or employment, subject to the Public Administration Act 2004.". 177.2 For clause 8 of Schedule 2 substitute— "8. Member not subject to Public Administration Act 2004 The Chairperson, the Deputy Chairperson or a member of the Board is not, in respect of that office, subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 178. Rural Finance Act 1988 178.1 Insert the following heading to section 17— "Application of public administration legislation". 178.2 For section 17(1) substitute— "(1) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Board in respect of the office of member.". 179. Safe Drinking Water Act 2003 In section 35 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 167 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 162 180. Second-Hand Dealers and Pawnbrokers Act 1989 In sections 26F(4)(a) and 28(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 181. Sentencing Act 1991 181.1 In section 3(1), in paragraph (a) of the definition of "Drug Court Officer" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 181.2 In section 83D(1), in the definition of "public sector employee" for paragraphs (a) to (d) substitute— "(a) employed under Part 3 of the Public Administration Act 2004 or a person to whom a provision of that Act applied in accordance with Part 7 of that Act; (b) a Ministerial officer within the meaning of section 98 of the Public Administration Act 2004; (c) a Parliamentary adviser within the meaning of section 99 of the Public Administration Act 2004; (d) a judicial employee within the meaning of section 101 of the Public Administration Act 2004;". 181.3 For section 108H(2) substitute— "(2) The Public Administration Act 2004 does not apply to a director in respect of the office of director.". 181.4 In sections 108M(1) and 108M(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 182. Shop Trading Reform Act 1996 182.1 In section 6A for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 182.2 For section 6B(2)(b) substitute— "(b) the name of the public service body established under the Public Administration Act 2004 in which the inspector is employed.". 182.3 In section 9(2)(a)(ii) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 168 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 163 183. Small Business Commissioner Act 2003 183.1 For section 7(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to the Commissioner in respect of the office of Commissioner.". 183.2 In section 9 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 183.3 For section 10(a) substitute— "(a) request assistance or information from any public entity within the meaning of the Public Administration Act 2004;". 183.4 In section 11 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 184. Southern and Eastern Integrated Transport Authority Act 2003 184.1 For section 9(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 184.2 In sections 20(b) and 21(c) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 185. Sports Event Ticketing (Fair Access) Act 2002 185.1 In section 3 for the definition of "Department" substitute— ' "Department" means— (a) the Department of Victorian Communities; or (b) if the name of that Department changes under the Public Administration Act 2004, the Department as known by its new name;'. 185.2 In section 3, in the definition of "Department Head" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 169 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 164 185.3 In section 43(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 186. State Employees Retirement Benefits Act 1979 186.1 In section 2(1), in paragraph (a) of the definition of "contract officer" for "section 4(1) of the Public Sector Management and Employment Act 1998" substitute "section 4(1) of the Public Administration Act 2004". 186.2 In section 2(1), in paragraph (b) of the definition of "employee" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 186.3 In section 2(1), in paragraph (a) of the definition of "exempt officer" for "section 4(1) of the Public Sector Management and Employment Act 1998" substitute "section 4(1) of the Public Administration Act 2004". 186.4 In section 51(2), in paragraph (a) of the definition of "employed in the service of the Crown" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 187. State Insurance Office Act 1984 In sections 7(1) and 19(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 188. State Sport Centres Act 1994 For section 11(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of the Trust in respect of the office of member.". 189. State Superannuation Act 1988 189.1 In section 3(1), in paragraph (a) of the definition of "contract officer", for "section 4(1) of the Public Sector Management and Employment Act 1998" substitute "section 4(1) of the Public Administration Act 2004". 189.2 In section 3(1), in paragraph (a) of the definition of "exempt officer", for "section 4(1) of the Public Sector Management and Employment Act 1998" substitute "section 4(1) of the Public Administration Act 2004". Sch. 3 -- 170 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 165 189.3 In section 3(1), in paragraph (a)(i) of the definition of "officer", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 189.4 In section 67(1), in paragraph (a) of the definition of "employed in the service of the Crown", for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 190. Statistics Act 1958 In section 3 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 191. Subordinate Legislation Act 1994 In section 9(1)(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 192. Superannuation (Portability) Act 1989 In section 3(1), in the definition of "public authority", for "department within the meaning of the Public Sector Management and Employment Act 1998" substitute "Department within the meaning of the Public Administration Act 2004". 193. Superannuation (Public Sector) Act 1992 193.1 In section 3(1) for the definition of "employer" substitute— ' "employer" means employer within the meaning of section 24 of the Public Administration Act 2004;'. 193.2 In section 3(2) for "section 21(1)(d) or 47 of the Public Sector Management and Employment Act 1998" substitute "section 23(1)(d) or 104 of the Public Administration Act 2004". 193.3 For section 4 substitute— "4. Relationship of this Part to Public Administration Act 2004 This Part must be read as one with the Public Administration Act 2004 and as if this Act formed part of that Act.". 193.4 In section 7(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 171 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 166 194. Supreme Court Act 1986 In sections 104(4)(b) and 106 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 195. Surveillance Devices Act 1999 In sections 3(5) and 3(6) for "Public Sector Management and Employment Act 1998"(wherever occurring) substitute "Public Administration Act 2004". 196. Survey Co-ordination Act 1958 196.1 In section 3, in paragraph (a) of the definition of "proper officer" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 196.2 In section 4 for "Department of Natural Resources and Environment" substitute "Department of Sustainability and Environment". 196.3 In section 9(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 197. Surveying Act 2004 197.1 In sections 40(1), 40(3), 40(5), 43, 47(2)(b)(i), 47(2)(d), 48(3) and 51 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 197.2 For section 48(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 198. Sustainable Energy Authority Victoria Act 1990 198.1 For section 10(5)(a) substitute— "(a) is not, in respect of his or her office as a member, subject to the Public Administration Act 2004 (other than Part 5 of that Act); and". 198.2 In section 13 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 172 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 167 199. Sustainable Forests (Timber) Act 2004 In section 64(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 200. Taxation Administration Act 1997 In sections 62, 66(1) and 67 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 201. Teaching Service Act 1981 201.1 In section 2(2) for "Public Sector Management and Employment Act 1998 the name of the Department of Education" substitute "Public Administration Act 2004 the name of the Department of Education and Training". 201.2 In sections 20(6), 26(1)(b) and 27(1)(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 201.3 Insert the following heading to section 31— "Division 5 of Part 3 of Public Administration Act 2004 not to apply". 201.4 In section 31 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 201.5 In section 54 for "Commissioner for Public Employment" substitute "State Services Authority". 201.6 In section 56 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 201.7 For section 75E(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member of a pool or a member of a Disciplinary Appeals Board in respect of the office of member.". 202. Tertiary Education Act 1993 In sections 11B and 21 for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 173 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 168 203. The Constitution Act Amendment Act 1958 Divisions 2 and 5 of Part II are repealed. 204. Tobacco Act 1987 204.1 For section 21(3)(b) substitute— "(b) are not, in respect of the office of member, subject to the Public Administration Act 2004 (other than Part 5 of that Act).". 204.2 In sections 31(5) and 36(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 205. Tourism Victoria Act 1992 205.1 For section 12 substitute— "12. Members not subject to the Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Commission in respect of the office of member.". 205.2 In sections 16(5), 18(3), 18(4) and 18(6)(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 206. Trade Measurement (Administration) Act 1995 In section 5 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 207. Transfer of Land Act 1958 In sections 5(1) and 5(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 208. Transport Act 1983 208.1 In sections 2(3), 8 and 100A(1)(b) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 208.2 In section 37A(2) for "public authority, within the meaning of the Public Sector Management and Employment Act 1998" substitute "public entity, within the meaning of the Public Administration Act 2004". Sch. 3 -- 174 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 169 208.3 In clause 2(1)(d) of Schedule 1A for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 209. Transport Accident Act 1986 For section 16(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a Director in respect of the office of Director.". 210. Transport Superannuation Act 1988 210.1 In section 3(1), in paragraph (a) of the definition of "contract officer", for "section 4(1) of the Public Sector Management and Employment Act 1998" substitute "section 4(1) of the Public Administration Act 2004". 210.2 In section 3(1), in paragraph (a) of the definition of "exempt officer", for "section 4(1) of the Public Sector Management and Employment Act 1998" substitute "section 4(1) of the Public Administration Act 2004". 211. Travel Agents Act 1986 In section 47B(d) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 212. Treasury Corporation of Victoria Act 1992 For section 12(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of the Corporation in respect of the office of director.". 213. Valuation of Land Act 1960 In section 3(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 214. Veterinary Practice Act 1997 214.1 In section 3, in the definition of "Secretary" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 214.2 In section 54(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". Sch. 3 -- 175 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 170 214.3 For section 64(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". 214.4 In section 68(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 215. Victims of Crime Assistance Act 1996 In sections 23 and 36(2)(c) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 216. Victoria Grants Commission Act 1976 216.1 For section 3(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Commission in respect of the office of member.". 216.2 In section 9 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 217. Victoria State Emergency Service Act 1987 In section 7 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 218. Victorian Arts Centre Act 1979 In section 14(4) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 219. Victorian Civil and Administrative Tribunal Act 1998 219.1 In sections 16(3) and 32(1) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 219.2 For section 62(2)(d) substitute— "(d) a public entity within the meaning of the Public Administration Act 2004;". 219.3 In sections 62(2)(e) and 153(4) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 176 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 171 219.4 In clause 8(1)(b) of Schedule 1 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 220. Victorian Curriculum and Assessment Authority Act 2000 In section 13(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 221. Victorian Environmental Assessment Council Act 2001 For section 9(5) substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 222. Victorian Funds Management Corporation Act 1994 For section 13(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director in respect of the office of director.". 223. Victorian Institute of Teaching Act 2001 223.1 In sections 69(1)(a) and 69(2)(a) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 223.2 For section 75(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 224. Victorian Law Reform Commission Act 2000 224.1 For section 8(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". In section 15(1) and 15(2) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". Sch. 3 -- 177 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 172 225. Victorian Managed Insurance Authority Act 1996 225.1 In section 3 for paragraph (a) of the definition of "department" substitute— "(a) a Department within the meaning of the Public Administration Act 2004; or". 225.2 For section 11(4) substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director in respect of the office of director.". 226. Victorian Multicultural Commission Act 1993 For section 7(5)(a) substitute— "(a) is not, in respect of the office of member, subject to the Public Administration Act 2004 (other than Part 5 of that Act); and". 227. Victorian Plantations Corporation Act 1993 In section 27K for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 228. Victorian Qualifications Authority Act 2000 In section 14(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 229. Victorian Relief Committee Act 1958 In section 6A(2) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 230. Victorian Urban Development Authority Act 2003 230.1 In sections 16(3) and 16(4) for "Public Sector Management and Employment Act 1998" (wherever occurring) substitute "Public Administration Act 2004". 230.2 For section 19(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of the Authority in respect of the office of director.". Sch. 3 -- 178 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 173 231. Vocational Education and Training Act 1990 231.1 For section 13(2) substitute— "(2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 231.2 In section 19(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 231.3 In clause 13(1)(a) of Schedule 2 for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 232. Water Act 1989 232.1 In section 3(1) for the definition of "department" substitute— ' "Department" means the Department of Sustainability and Environment;'. 232.2 In section 3(1) in the definition of "Department Head" for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 232.3 In section 3(1) in the definition of "State observation bore" for "department" substitute "Department". 232.4 In section 3(1A) for "If under the Public Sector Management and Employment Act 1998 the name of the Department of Natural Resources and Environment" substitute "If under the Public Administration Act 2004 the name of the Department of Sustainability and Environment". 232.5 For section 108(2)(b) substitute— "(b) a member of a committee is not, in respect of the office of member, subject to the Public Administration Act 2004 (other than Part 5 of that Act);". 232.6 For section 305FF(6) substitute— "(6) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of a committee in respect of the office of member.". Sch. 3 -- 179 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 174 232.7 For section 318(3) substitute— "(3) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of a committee in respect of the office of member.". 232.8 For clause 2 of Schedule 1 substitute— "2. Members are not subject to Public Administration Act 2004 The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member in respect of the office of member.". 233. Water Industry Act 1994 233.1 In section 37(1) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 233.2 In sections 55(5) and 55(7) for "Department of Natural Resources and Environment" (wherever occurring) substitute "Department of Sustainability and Environment". 234. Whistleblowers Protection Act 2001 234.1 In section 3(1) for paragraph (a) of the definition of "public body" substitute— "(a) a public service body within the meaning of the Public Administration Act 2004;". 234.2 For section 4(2)(l) substitute— "(l) a judicial employee within the meaning of section 101 of the Public Administration Act 2004.". 234.3 In section 61AA(1) for paragraph (b) of the definition of "chief executive" substitute— "(b) in relation to a public service body within the meaning of the Public Administration Act 2004— the public service body Head of the public service body within the meaning of that Act; or". 234.4 In section 61AA(1) for paragraph (b) of the definition of "public authority" substitute— "(b) a public service body within the meaning of the Public Administration Act 2004; or". Sch. 3 -- 180 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 175 235. Wildlife Act 1975 In section 87(7) for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". 236. World Swimming Championships Act 2004 236.1 For clause 1(4) of Schedule 1 substitute— "(4) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Board in respect of the office of member.". 236.2 For clause 1(5) of Schedule 2 substitute— "(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of an Advisory Committee in respect of the office of member.". 237. Wrongs Act 1958 237.1 In section 34 for paragraph (d) of the definition of "community organisation" substitute— "(d) any public entity or public service body within the meaning of the Public Administration Act 2004 or other person or body acting on behalf of the State—". 237.2 In section 39(3) for "public authority or Agency within the meaning of the Public Sector Management and Employment Act 1998" substitute "public entity or public service body within the meaning of the Public Administration Act 2004". 237.3 In section 79 for paragraph (b) of the definition of "public authority" substitute— "(b) a public service body within the meaning of the Public Administration Act 2004;". 238. Young Farmers' Finance Council Act 1979 In section 3 for the definition of "Department" substitute— ' "Department" means a Department within the meaning of the Public Administration Act 2004;'. Sch. 3 -- 181 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 176 239. Zoological Parks and Gardens Act 1995 For clause 1(4) of Schedule 2 substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.". ═══════════════ Sch. 3 -- 182 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 177 ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 November 2004 Legislative Council: 7 December 2004 The long title for the Bill for this Act was "to provide a framework for good governance in the Victorian public sector and in public administration generally in Victoria, to establish a State Services Authority, to repeal the Public Sector Management and Employment Act 1998 and the Public Sector Reform (Miscellaneous Amendments) Act 1998, to amend the Constitution Act 1975 and the Parliamentary Officers Act 1975, to make consequential amendments to certain other Acts and for other purposes." Endnotes -- 183 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 178 INDEX Subject Section Actamendments to Constitution Act 1975 114 amendments to Parliamentary Officers Act 1975 118–127 amendments to this and other Acts 117, Sch. 3 commencement 2 not to apply to certain persons 106 objects 3 purpose 1 repeals 113 savings and transitional provisions 116, Sch. 2 Administrative Offices Administrative Office Heads 4, 12, 14 definition 4 Department Heads' responsibility for 13 Orders to establish, abolish, change name of 11 See also Public service body Heads Advisory entities See Public entities Authority See State Services Authority Candidates for Parliament See Parliament Codes of conduct applicable to directors of public entities 81, 89 contraventions 22, 63 employment powers to be in compliance with 20 matters in Authority's annual report regarding 74 preparation, issue, promotion by PSSC 63, 66 register 72 status, enforcement not affected 7 Commissioner entities See Public entities Commissioner for Environmental Sustainability 16 Courts See Exempt bodies; Judicial employees Damages 108 Declared authorities application of Act to 105 declarations 104 definition 4 employees, statutory and prerogative office holders as executives 23–26, 34 Definitions 4, 22, 95, 101, 104, Sch. 1, Sch. 2 Departments definition 4 Department Heads 4, 12–14 Orders to establish, abolish, change name of 10 See also Public service body Heads Electoral Boundaries Commission 6 -- 184 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 179 Subject Section Employees definition 4 definition of public sector employees 4 employment of 20–21 misconduct 22, 33, 63 non-executive employees (def.) 4 persons with functions of public service body Head in relation to 16 probation 21 public sector employment principles 4, 8, 20, 66, 74 public service body Head's general powers, duties 15, 20 restrictions on other work 32 retirement age 20 reviews of actions regarding 64–65 termination of employment 33–35 transfers 28–31 transitional provisions and savings 116, Sch. 2 See also Executives Essential Services Commission 16 Executives definition, declarations 4, 23 employers of 23, 24 employment of 20, 25–26 existing employees eligible to be 26 operation of Part 3 36 right of return as non-executive employees 27 termination of employment 34–35 Exempt bodies definition 4 detrimental action against exempt officials 107–108 Governor's office See Official Secretary Health Services Commissioner 6 Injunctions 86 Inquiries See Special inquiries Instruments See Register of instruments Investigations 111 Judicial employees 7, 101–103 Legal Ombudsman 16 Members of Parliament See Parliament Ministerial officers 98 Ministers responsible for public entities 4, 50, 59–60, 84– 87, 89, 95–97 See also Public service body Ministers Municipal councils See Exempt bodies Non-executive employees See Employees Offences 107–108 Office of Police Integrity 6, 16 Office of Public Prosecutions See Exempt bodies Official Secretary 4, 12, 29 -- 185 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 180 Subject Section Ombudsman 6, 16 Parliament Act not to apply to officers of 106 departments of as special bodies 6 officers of in definition of public officials 4 Parliamentary advisers 99–100 privileges of former members, candidates 115, Sch. 1 Parliamentary advisers 99–100 Parliamentary committees See Exempt bodies Parliamentary Officers Act 1975 118–127 Police force See Victoria Police Premier delegation 109 powers, duties regarding Authority 37–39, 41, 45, 73 employees 20, 30, 35 Ministerial officers 98 Parliamentary advisers 99–100 public entities 70, 92, 94 Public Sector Standards Commissioner 39 public service body Heads 12, 17, 19, 24, 29, 32, 34 register of instruments 72 reports of Authority, PSSC 74 special inquiries, reviews, systems reviews 50–52, 55–56, 59 Prerogative offices 4, 28, 30 See also Declared authorities Prescribed offices and officers 4, 16 Privacy Commissioner 6, 16 Proceedings 87, 108, 111 PSSC See Public Sector Standards Commissioner Public entities accountability 85 advisory entities 4, 5, 81, 97 application, effect of Part 5 75–76 application, effect of Part 5, Division 2 77–78 application of Part 5, Division 3 88 application of Part 5, Division 4 91 Authority's role regarding standards of governance, performance, accountability 69–70 boards of 4, 81, 85 chairpersons 4, 80 Commissioner entities 4, 81, 85 compliance with whole of government policies 92 definition, declarations 4, 5 directors appointment 85 conflicts of interest 81 contraventions of Act, codes of conduct by 86–87, 89 definition 4 duties (general) 78–79, 81 -- 186 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 181 Subject Section policies, procedures, processes regarding 81 prohibition on loans, guarantees to 82 removal, suspension, standing down of 85, 88–90 documents required to be kept by 95–97 financial records, statements, information 81, 93 injunctions 86 meetings 81 Minister's powers, responsibilities 50, 59–60, 84–87, 89, 95–97 non-financial information provided by 81, 94 proceedings brought by 87 public entity Heads 4, 66 quasi-judicial entities 86, 89, 90, 92 register of Orders regarding 72 small entities 4, 75, 96 special inquiries 52–55 special reviews 56–59 standard entities 4, 95 sub-committees 83 subsidiaries 84 systems reviews 50–51 See also Declared authorities; Employees Public officials definition 4 demonstration of, adherence to public sector values 7 detrimental action against 4, 107–108 matters in Authority's annual report regarding 74 See also Codes of conduct; Employees; Public entities Public sector definition 4 profile in Authority's annual report 74 public sector bodies 4, 7 public sector body Heads 4, 8, 66 public sector employment principles 4, 8, 20, 66, 74 public sector values 4, 7, 20, 66, 74 transitional provisions and savings 116, Sch. 2 See also Codes of conduct; Employees; Executives; Public entities; Public service; Special bodies Public Sector Standards Commissioner appointment, employment of 37–39 codes of conduct issued by 63, 66 delegation 48 disclosure of information by 47 investigations, proceedings conducted by 111 performance of role 2 of Authority by 61–66 promotion of values, principles, standards by 66 review of actions regarding employees by 64–65, 74 -- 187 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 182 Subject Section suspension, removal from office 39 standards issued by 20, 64, 66, 72, 74 validity of acts, decisions 44 Public service definition 4 profile in Authority's annual report 74 public service bodies definition 4 review of actions taken within 64–65 special inquiries 52–55 special reviews 56–59 systems reviews 50–51 reinstatement of MPs, unsuccessful candidates in 115, Sch. 1 structure 9 transitional provisions and savings 116, Sch. 2 See also Administrative Offices; Departments; Employees; State Services Authority Public service body Heads acting assignments as 19 appropriate public service body Head (def.) 4 definition 4 delegation 18 employment of 12 investigations, proceedings conducted by 111 performance reviews of 17 persons with functions of 16, 105 powers, functions, duties regarding employment 15, 20–21, 24, 28, 32–34 employment of judicial employees 101–103 information for Authority 74 public sector values, employment principles, standards, codes of conduct 66 reviews of actions 64–65 systems reviews 50 Premier as employer of 24, 34 removal from office 34 responsibilities in general 13–14 restrictions on other work 32 termination of employment 34 transfers 29 Public service body Ministers definition 4 delegation 109 powers, duties regarding exercise of functions in person's absence 110 special inquiries, reviews, systems reviews 50, 55, 59, 60 Register of instruments 71–72 Regulations 22, 64, 112 Repeals 113 -- 188 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 183 Subject Section Reviews disclosure of information regarding 47 of actions regarding employment 64–65 of classes of public entities 70 special reviews 56–60 systems reviews 50–51 Small entities See Public entities Special bodies application of Part 5, Division 4 to 91 as public entities 5 definition, declarations, list 4, 6 promotion of public sector values 7 special body Heads 4, 66 special inquiries 52–55 See also Employees Special inquiries 47, 52–55, 60 Special Investigations Monitor 16 Special reviews See Reviews Standard entities See Public entities Standards employment powers to be in compliance with 20 matters in Authority's annual report regarding 74 regarding public sector employment principles 66 regarding reviews of actions 64 register 72 State Coroner's Office 6, 106 State Services Authority acting chairperson 41, 43 annual plan 73 annual report 47, 74 chairperson 37, 40, 42–44, 46 chief executive officer 19, 41, 42 delegation 48 disclosure of information by 47 establishment 37 functions, powers (general) 45–46 meetings 43 membership 37–39 performance reviews of public service body Heads 17 reports submitted by 40, 43, 46–47, 74 resignation, removal from office 39 role 1 bodies with judicial, quasi-judicial functions 60 special inquiries 52–55 special reviews 56–59 statement of 49 systems reviews 50–51 -- 189 of 190 -- Victorian Legislation and Parliamentary Documents Public Administration Act 2004 Act No. 108/2004 184 Subject Section role 2 61–66 role 3 67–68 role 4 69–70 role 5 71–72 validity of acts, decisions 44 See also Public Sector Standards Commissioner Statutory offices (def.) 4 See also Declared authorities Systems reviews See Reviews Teaching service reinstatement of MPs, unsuccessful candidates in 115, Sch. 1 Transitional provisions 116, Sch. 2 Universities See Exempt bodies Victoria Police Act not to apply to persons under Police Regulation Act 1958 106 as special body 6 Chief Commissioner as public service body Head 16 definition 4 employment contracts of Assistant Commissioners 25 reinstatement of MPs, unsuccessful candidates in 115, Sch. 1 Victorian Auditor-General's Office 6, 16 Victorian Civil and Administrative Tribunal 6 Victorian Electoral Commission 6, 16 -- 190 of 190 --